Am I eligible for permanent residency based on marriage to a citizen?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Am I eligible for permanent residency based on marriage to a citizen?
I am a legal immigrant on a H1 visa and am married to a citizen for more than a year; we have a daughter with her. Problem is, we are not staying together anymore though we are still married. Things are not working between us. They work on and off. Am I still eligible for permanent residency?
Asked on December 18, 2011 under Immigration Law, Indiana
Answers:
SB, Member, California / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are no longer in a bona fide marital relationship, it is unlikely that the petition would be approved since you would have to go through the interview in person with the USCIS and they would question you on the bona fide nature of your relationship. However, if you feel that there is a chance of reconciliation, I would certainly suggest that you go forward with the process.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.