Legal Question in Immigration Law in Florida

My husband and I currently live in different states because of work. He has his 10 year residency and is about to apply for citizenship. Is there a letter I should write explaining we are living apart because of financial reasons and if so what format should the letter be made? Notarized? Thanks?


Asked on 2/02/11, 1:04 pm

2 Answers from Attorneys

Attorney Caro Kinsella Law Offices of Caro Kinsella

Yes it always looks better when sending an affidavit to have it notarized.

A married couple living apart is not the basis for denying a marriage adjustment petition. USCIS look to the intent of the couple; did they marry for love and not just to circumvent Immigration laws.

With that said, be specific in your letter as to why you live in different states and include bona fides; such as pictures, evidence of emails/telephone calls and anything you have in joint names.

Good luck.

Caro Kinsella

Attorney & Counselor at Law

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Answered on 2/02/11, 4:41 pm
Seeta Nangia Law Offices of Seeta Nangia

If he has been a lawful permanent resident for 5 years or more, he is eligible to apply for citizenship regardless of whether you are living together or not. If he obtained his lawful permanent residence through marriage to a U.S. citizen (you), then USCIS may question whether the marriage was bona fide if you are living apart. In today's economic conditions, it is very common for couple's to live apart because of jobs or school. This should not be a basis for denying your husband's application for citizenship. If you have further questions, please feel free to contact me with any questions.

Seeta L. Nangia, Esq.

Law Offices of Seeta Nangia

Exclusively Practicing Immigration Law

Phone: (415) 273-9123

Email: [email protected]

Website: www.nangialaw.com

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Answered on 2/07/11, 10:09 am


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