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LunaBianca

dissolution of marriage, pending password

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Hello Guys,

I have a somewhat complicated question. What is the process of someone that has subbmited her US citizenship application and she recieved already the letter saying that USCIS recieved her applicatioin and the check has already been cashed. Now what happens if this person that is trying to get her US citizeship through her spouse (three years instead of five)however they are going through a dissolution of marriage. She filed the application for citizenship when they separating. Now my question is, does this effect at all her recieving her US ctizeship, or she will now have to wait the standard 5 years to get her citizenship.

Thank you

Luna

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Hello Guys,

I have a somewhat complicated question. What is the process of someone that has subbmited her US citizenship application and she recieved already the letter saying that USCIS recieved her applicatioin and the check has already been cashed. Now what happens if this person that is trying to get her US citizeship through her spouse (three years instead of five)however they are going through a dissolution of marriage. She filed the application for citizenship when they separating. Now my question is, does this effect at all her recieving her US ctizeship, or she will now have to wait the standard 5 years to get her citizenship.

Thank you

Luna

I think you need to still be married when you do your interview... I think the proper action is to notify USCIS about the pending divorce. They will not approve you for naturalization if you get divorced - you need to wait for 5 years.

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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There is a "small" chance that she may be able to get USC:

She would have to meet this primary requirement (along with the others needed) - but this one is centered on the marriage (3 yr)

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application

So the question would be - was she still married up to the examination of the application? (if she was, then she is ok to get it under the 3yr rule) -

Source

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

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