N-400, I-751 and Divorce

[Sidd 0]

Hi Everyone:

I really need some advice. I filed for my PGC I-751 application on Jan 11, 2007. I have not receieved the 10 year PGC yet. They are really slow at NSC. It will be 3 years on March 21st, 2007 with my permanent status.

1. If I don't get my 10 year PGC by march 21th, 2007, Can i apply for the N-400 since I will be 3 years, on March 21th, 2007?

2. What happens to my 10 year PGC application?

3. Main question: I am getting a divorce but she is willing to wait till I file for my N-400 in march, which i think i can. What happens if i get divorced after we apply for N-400? Do i have to withdraw my N-400 or it does not matter since it's already been filed?

4. Does the spouse have to be present for the N-400 interview?

Any other suggestions would be much appreciated! Thanks everyone

[lucyrich 20]

Hi Everyone:

I really need some advice. I filed for my PGC I-751 application on Jan 11, 2007. I have not receieved the 10 year PGC yet. They are really slow at NSC. It will be 3 years on March 21st, 2007 with my permanent status.

1. If I don't get my 10 year PGC by march 21th, 2007, Can i apply for the N-400 since I will be 3 years, on March 21th, 2007?

2. What happens to my 10 year PGC application?

3. Main question: I am getting a divorce but she is willing to wait till I file for my N-400 in march, which i think i can. What happens if i get divorced after we apply for N-400? Do i have to withdraw my N-400 or it does not matter since it's already been filed?

4. Does the spouse have to be present for the N-400 interview?

Any other suggestions would be much appreciated! Thanks everyone

You file the citizenship application based on your total time as a permanent resident. It doesn't matter whether conditions are in effect or not. If it takes them a long time to adjudicate your I-751, you don't need to wait until they've finished deciding it. But they do have to finish the I-751 before they can grant you citizenship. In the worst case, the adjudicator at your citizenship interview will finish the I-751 a few moments before he starts interviewing you for the N-400. You don't have to worry about it, just file the N-400 when you're eligible.

If you're applying based on three years of continuous residence because you're married to and living in valid marital union with a US Citizen, then the marriage must remain in effect until you take the oath of citizenship. If the marriage terminates based on divorce or death at any time before citizenship is granted, then you can't become a citizen based on that application. Like any other single LPR, you'd have to file an N-400 no earlier than 90 days before you've completed five years of permanent residence. That's the way the law is written, and there have been sad cases where the USC spouse died shortly before the oath was to have been administered. The alien was ruled ineligible to naturalize, through no fault of his own.