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I have been married since 1996 (in Italy), we moved to the…

Good afternoon, my name...

Good afternoon, my name is***** have been married since 1996 (in Italy), we moved to the USA with 3 children in 2009. Because I am a USA citizen our children got the USA citizenship and we did the paper work for my husband. Now he has the green card and he would like to get the citizenship doing the exam.

Lawyer's Assistant: What steps have you taken? Have you filed any paperwork with the U.S. government?

He is doing all the steps he is required, my question is actually for something that involves his citizenship but, because things between us has not been going fine and we are not living togheter anymore (since the end of November 2017) is more about if we divorce will the divorce affect his application for the citizenship?

Lawyer's Assistant: Have you talked to a lawyer about the citizenship application?

No, he is doing it on his own

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

An other question is: if it does not effect his citizenship application is it there a way to divorce in a friendly way without involving lawyers?

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Answered in 7 minutes by:
3/17/2018
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,863
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified

Hello my name is ***** ***** I am delighted to answer your questions. I am reviewing it and will post your answer momentarily.

Ask Your Own Immigration Law Question

Welcome to JustAnswer! I have 34 years experience as an immigration attorney and I am here to help resolve your immigration issue. Tackling these issues can sometimes get confusing. Should you need to chat on the phone or document review, I am able to do that for an additional cost. Let me know at any time during our question and answer session if you are interested.

Although you and your spouse have been married and residing together in a good faith marriage for more than 5 years he does not have to base his marriage on you good faith marriage.

He does qualify for naturalization as the separated spouse of a US citizen based on his 5 years physical residence in the US as a permanent resident.

He is required to disclose your separate residences on the N-400 and that you and he are no longer living in a good faith marriage and have the intent to divorce.

This does not make him ineligible for naturalization based on the 5 year rule. He may not under any circumstances misrepresent your living arrangements and fail to disclose your separation because that would be fraud. You are not required to reside together in order for him to qualify for naturalization based on the 5 year rule.

I hope that helps! Please let me know if you have any other questions. I appreciate this opportunity to help you. I do not receive a salary here at JustAnswer, and am only compensated for my time after receiving a rating. If you are very satisfied with my answer please take a moment to click on the 5 stars at the top of the page. The question thread remains open and you can ask follow-up questions.

Judith

Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,863
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
Verified
Judith Ludwic and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 4 months ago
Thank you very much, you have been very helpfull and clear, if I would need farther assistence i would contact you for sure.
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Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 29,863
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Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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