Need help answering a simple "check-the-box" question

[qwest]

In filling out the N-400, I came across the question where you are asked about your marital status. Im am still legally married, but in the process of getting a divorce that is difficult to attain as my spouce is no where to be found. Should i mark the "married" box, or the "other" box that then asks for a brief explanation (in which I think it would be fit to write: Seperated). Later, i am asked about my spouces immigratory status, which is a permanent residence. I am asked to give the A number, but once more, I have no means of contacting my spouce...Any suggestions?

[mario]

The critical thing is your spouse's A#..... because if you say you are married, you HAVE to mention the A#. Unfortunately, you are still married by law and continue to be so until you are legally divorced. So, you need to check off "married" and try to find your spouse's A# - it can't be that hard - there has to be some doc. laying around the house that might have it....

[qwest]

Eligibility question

Mario, thank you for your promt answer. However, I do have one more decisive question, and it is this: If applying for citizenship because you have been a lawful permanent resident for over five years and have no special circumstances, how badly are your chances of winnin your case affected, if you are currently in temporary disability, as you are fighting a work-related case for permanent disability?...Consequently, this is also the reason why you have failed to file taxes in the past (2) years (question 4, part 10)

[mario]

Mario, thank you for your promt answer. However, I do have one more decisive question, and it is this: If applying for citizenship because you have been a lawful permanent resident for over five years and have no special circumstances, how badly are your chances of winnin your case affected, if you are currently in temporary disability, as you are fighting a work-related case for permanent disability?...Consequently, this is also the reason why you have failed to file taxes in the past (2) years (question 4, part 10)

If I were you, I would hire an attorney or at least talk to one.

My opinion:

1) You and your spouse are estranged:
- You HAVE TO mention that you are married. No way around that
- Is your spouse a citizen/LPR?
- If yes, then you HAVE to provide their A#
- If not, then ..... I think you are okay. But just note that you will be asked a lot of questions at the interview about where they live and why you are not together.


2) You are disabled:
- Not a big issue. There is no law that says you have to work.
- If you are collecting disability and have documenation, then there is
no problem re. tax returns (provided you are not req. to file taxes when
disabled)
- If you are reqd. to file taxes but you chose not to, then you have a big problem and you better get it squared away with the IRS before you apply for USC.