Marriage and Separation

[gman]

I have been married to a US citizen for 8 1/2 years and we have a 3 1/2 year old child. I have had my green card since June 2005. My wife and I recently separated amicably and now live apart. I am now beginning the process of applying for citizenship and I would like to get input on several issues...

1. Although we are not planing on legally separating or getting a divorce in the near future, would either of those affect my application for citizen based on marriage to a US citizen?

2. As I have been a legal resident for over 5 years, should I apply based on that fact rather than marriage?

Thanks for any advice you may offer.

[nwctzn]

If this would be my case, I would go with option 2. You are eligible anyway with more than 5 years of residence and there is no advantage/disadvantage in choosing option 2.

[mmisstrin34]

Old file haunts me

In '93 I received a deportation notice because I failed to appear for my interview. I moved out of state a few weeks after that. I sought a lawyer after that but i was declined after he submitted paperwork for my EAD. April 2010 my USC husband filed for me and I received my EAD and had an interview on Dec. 2nd. I was approved by the IO, however, she said that she did not see any proceedings in my file from back in '93 although she has the deportation documents in my file. She also checked on the computer and there was nothing there but she said she still has to check it out. What do I do at this point?