shall i go for finger printing now

[lak 0]

My wife is a US citizen we married 4 years ago. I filed for N 400 in july 2008, after 3 years of permanent residence. there was delay of granting citizenship by INS in last few months with increase in applicatons. unfortunately things are not going well between me and my wife since last 3 months. we are not staying together and may end up in divorce in future.

I got notice from INS asking me to come for finger printing. Is there any point in going for finger printing now. what if I was called for an interview and things did not change between me and my wife.

Thanks for your reply

[Staashi 371]

My wife is a US citizen we married 4 years ago. I filed for N 400 in july 2008, after 3 years of permanent residence. there was delay of granting citizenship by INS in last few months with increase in applicatons. unfortunately things are not going well between me and my wife since last 3 months. we are not staying together and may end up in divorce in future.

I got notice from INS asking me to come for finger printing. Is there any point in going for finger printing now. what if I was called for an interview and things did not change between me and my wife.

Thanks for your reply

I'd still go. You paid the money for the application - USCIS will not give you your money back. Even if you and your wife don't work out, I'd still go ahead with this.

[Ashish 1]

You should definitely go. Not sure if you already have conditions removed or not. If you have them removed then it is a non issue. If not then it might be but you should still givem the biometrics at least. Good luck!

[lak 0]

You should definitely go. Not sure if you already have conditions removed or not. If you have them removed then it is a non issue. If not then it might be but you should still givem the biometrics at least. Good luck!

Thanks for your reply. My conditions have been removed more than a year ago. after I finish my biometrics what will be my next step. should I go for interview if we are not officially separated or divorced.

[lucyrich 20]

There are two separate requirements, one in INA 319 and the other in 8 CFR 319. One says you must have lived together in valid marital union for the three full years immediately before you file the application, and the other says you must have been married for three full years immediately before gaining citizenship. Notice that there's no requirement that the marriage be going well, or that you remain living together, for the time period between filing the application and the time when citizenship is granted. But if you divorce or if the marriage legally ends for any reason before you gain citizenship, then you will be ineligible to naturalize based on three years married to a US Citizen.

So it sounds like you can go for it.

[Ashish 1]

My opinion is that once you get the interview notice you should go. If you are legally married at that time you probably have nothing to worry about. If you are divorced at that time you are most probably not eligible for citizenship but I think you should go for your interview and explain that to your interviewer, and then let them decide. Since you are being honest the worst they can say is that you are not eligible and so you can apply 2 years later.

Hopefully you'll get some input from the more experienced folks here...

[lucyrich 20]

After looking through the rules again, I think I may have replied too early.

See, for example, This link, which tries to explain the rules in plain English.

It seems there may be a requirement to at least to have no formal legal separation, all the way up until naturalization is obtained. And an informal separation that is leading toward divorce may also jeopardize the application.

But I still say you should pursue it. Don't lie or mislead, of course. As long as you're truthful about what's going on, the absolute worst they'll do is deny your naturalization and say you have to wait until you've held the green card a full five years. That's no worse than if you abandon the application.

[lak 0]

Thanks guys for your input. I am going for finger printing this weekend. There is no communication between me and my wife since past one month. I did not file for any separation or divorce. I just e mailed her 2 days ago asking about her plans for IRS filing . we filed together for last 3 years.I did not get any reply from her.seems Ihave to pay lot of money to GOV now as I will end up in filing as married but separated.