Still married but separated, apply for N-400 or not?

[Fernando Ramirez 0]

Folks,

I would like to know if someone has pass through this situation before. I am already a 10 years LPR, I am still married with an USC, but we are separated physically, I found out that she was cheating on me, so I am planning to get a divorce. My questions are:

1) Could I apply for N-400 since I would be meeting the 3 years - 90 days of marriage and then get a divorce after getting my citizenship? (I think I deserve it :S)

1.1) What happened if I applied for N-400 and I haven't received an approval yet and my wife file for a divorce?

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

Any advices would be appreciated.

[NickD 203]

Folks,

I would like to know if someone has pass through this situation before. I am already a 10 years LPR, I am still married with an USC, but we are separated physically, I found out that she was cheating on me, so I am planning to get a divorce. My questions are:

1) Could I apply for N-400 since I would be meeting the 3 years - 90 days of marriage and then get a divorce after getting my citizenship? (I think I deserve it :S)

1.1) What happened if I applied for N-400 and I haven't received an approval yet and my wife file for a divorce?

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

Any advices would be appreciated.

You start off the interview with an oath to tell nothing but the truth and for the three year marriage application, certainly have to provide enough proof that you are living in the same household, wife never was asked what goes on in our bedroom, they haven't gone that far yet. But besides all the proof was asked if she was happily married.

So how can you get around that without lying? Getting caught lying can ruin everything. Ha, was that van parked across the street really for carpet cleaning? Think it was, but watching too many movies with those parked vans loaded with sniffing electronics. Appears you would have to lie to get your marriage based application, do you want to risk that?

[gorbie 0]

Folks,

I would like to know if someone has pass through this situation before. I am already a 10 years LPR, I am still married with an USC, but we are separated physically, I found out that she was cheating on me, so I am planning to get a divorce. My questions are:

1) Could I apply for N-400 since I would be meeting the 3 years - 90 days of marriage and then get a divorce after getting my citizenship? (I think I deserve it :S)

1.1) What happened if I applied for N-400 and I haven't received an approval yet and my wife file for a divorce?

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

Any advices would be appreciated.

You start off the interview with an oath to tell nothing but the truth and for the three year marriage application, certainly have to provide enough proof that you are living in the same household, wife never was asked what goes on in our bedroom, they haven't gone that far yet. But besides all the proof was asked if she was happily married.

So how can you get around that without lying? Getting caught lying can ruin everything. Ha, was that van parked across the street really for carpet cleaning? Think it was, but watching too many movies with those parked vans loaded with sniffing electronics. Appears you would have to lie to get your marriage based application, do you want to risk that?

[lucyrich 20]

The actual words in the law say that you must not only be married to the US Citizen, but must be "living in valid marital union with" your US Citizen spouse for the full three years immediately before you file the N-400. That's in INA 319. It's also stated in the box at the bottom of page 22 of the M-476.

[NickD 203]

The actual words in the law say that you must not only be married to the US Citizen, but must be "living in valid marital union with" your US Citizen spouse for the full three years immediately before you file the N-400. That's in INA 319. It's also stated in the box at the bottom of page 22 of the M-476.

There is the case of Anthony Olusanya Moses that had his USC denied in August 1996, already a permanent resident for seven years but for falsifying his marriage to a Janice after living with her for two years and having two children with her. Took off from Shreveport, Louisiana to Texas to live with Dianne, had a kid with her, but claimed he was still living with Janice. Janice told the court otherwise with the only result that Anthony was denied USC, didn't say anything else about him.

Just an example of what can happen if you are not honest in your application, and the interview does start with an oath to tell the truth and nothing but the truth. Seems to me that Anthony had no reason to lie since he was not applying for the three year marriage provision, but maybe he felt guilty in leaving his wife and two children, who knows.

[Fernando Ramirez 0]

Folks,

I would like to know if someone has pass through this situation before. I am already a 10 years LPR, I am still married with an USC, but we are separated physically, I found out that she was cheating on me, so I am planning to get a divorce. My questions are:

1) Could I apply for N-400 since I would be meeting the 3 years - 90 days of marriage and then get a divorce after getting my citizenship? (I think I deserve it :S)

1.1) What happened if I applied for N-400 and I haven't received an approval yet and my wife file for a divorce?

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

Any advices would be appreciated.

You start off the interview with an oath to tell nothing but the truth and for the three year marriage application, certainly have to provide enough proof that you are living in the same household, wife never was asked what goes on in our bedroom, they haven't gone that far yet. But besides all the proof was asked if she was happily married.

So how can you get around that without lying? Getting caught lying can ruin everything. Ha, was that van parked across the street really for carpet cleaning? Think it was, but watching too many movies with those parked vans loaded with sniffing electronics. Appears you would have to lie to get your marriage based application, do you want to risk that?

So, I think the best option would be the second one:

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

I really didn't want to get a divorce, but I cannot do anything else even though I still love her.

[NickD 203]

So, I think the best option would be the second one:

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

I really didn't want to get a divorce, but I cannot do anything else even though I still love her.

From what you said, seems like the second option is the only choice, unless your wife battered you.

Seen guys go nuts over a woman that is not the least bit interested in them, could never fully comprehend that, certainly not a good recipe for a trusting relationship. Doesn't your wife want a divorce? Didn't think that decision could only be made by one spouse either although a ran into the ground plot for a zillion movies. But this is a subject for a different board.

[john_and_marlene 162]

Folks,

I would like to know if someone has pass through this situation before. I am already a 10 years LPR, I am still married with an USC, but we are separated physically, I found out that she was cheating on me, so I am planning to get a divorce. My questions are:

1) Could I apply for N-400 since I would be meeting the 3 years - 90 days of marriage and then get a divorce after getting my citizenship? (I think I deserve it :S)

1.1) What happened if I applied for N-400 and I haven't received an approval yet and my wife file for a divorce?

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

Any advices would be appreciated.

You start off the interview with an oath to tell nothing but the truth and for the three year marriage application, certainly have to provide enough proof that you are living in the same household, wife never was asked what goes on in our bedroom, they haven't gone that far yet. But besides all the proof was asked if she was happily married.

So how can you get around that without lying? Getting caught lying can ruin everything. Ha, was that van parked across the street really for carpet cleaning? Think it was, but watching too many movies with those parked vans loaded with sniffing electronics. Appears you would have to lie to get your marriage based application, do you want to risk that?

So, I think the best option would be the second one:

2) Should I just file the divorce and wait 5 years of LPR to apply for N-400?

I really didn't want to get a divorce, but I cannot do anything else even though I still love her.

Nothing says you have to get a divorce--just wait to file with 5 years residence whether you get divorced or not.

[Nikita2Charles 32]

You also mentioned 10 year LPR?

but 3 years marriage, that's kinda confusing, where's the 10 year as LPR came from, if you had your GC for 10 years already you can go ahead and file, if your GC is based on the marriage then others have already given you valuable input.

[john_and_marlene 162]

You also mentioned 10 year LPR?

but 3 years marriage, that's kinda confusing, where's the 10 year as LPR came from, if you had your GC for 10 years already you can go ahead and file, if your GC is based on the marriage then others have already given you valuable input.

He has a 10 year card. He hasn't been an LPR for 10 years.

[*JG* 2]

There is no rush since you already have your 10 year green card and lots of time to file for whatever comes next.

According to the very language of that rule, I think you do need to wait for the 5 year limit.

Good luck to you.

[titotomas 0]

Best to wait for the five year point and not play with fire..... No real reason TO push for the 3. So sorry about your marriage, though as someone else said, that's a topic for another board. Just one thought though.....people....ALL people are not infallible, and none are perfect. Forgive and move on? I suppose that would depend on what her behavior/demeanor was after the infidelity was discovered. Nuff said. Good luck.

T & R

[Fernando Ramirez 0]

Thanks for all the comments.

This situation has been really hard for me, I am still love her but I cannot forgive an adultery.

I will wait for the five year then.

Any other thoughts?

[NickD 203]

Thanks for all the comments.

This situation has been really hard for me, I am still love her but I cannot forgive an adultery.

I will wait for the five year then.

Any other thoughts?

Seems like your major problems revolve around your relationship with your wife, only you can decide how you want to deal with that. Some of us are old fashion in this respect while we met others that kind of like wife swapping and stuff like that. Don't have to answer this, but is your wife looking for fresh meat? If so, not exactly sure how you can love her, she certainly doesn't love you.