N 400 during divorce

[lak 0]

I became conditional permanent resident in Sep 2004. I was living with my wife in Ohio. I filed I 751 in June 2006 after completion of 1 year 9 months. My wife is in school. I have to move to Florida on work purposes and was staying in Florida since 2006 to till date. I got permanent green card in Dec 2006. I was supporting my wife, visiting her and paying her bills till Dec 2007. My wife filed for divorce in PA July 2008 and getting Alimony / spousal support from me. My attorney said to me that she wont give you divorce and will stay on APL for ever. He filed in court that we separated in June 2006. The case is pending in the court. My separation case is pending in Court.

I filed for N 400 in 2007 June b4 the fee hike. But Got mail in 4 months saying that I have to pay the increased fee. I explained to them in mail that I posted b4 the deadline. its almost 18 months over but i did not get any call from them

I went to USCIS today. The Immigration officer told that my N400 filed in July 2007 is still active and it is still in Texas only. They do not have any further information about my application and the reason for delay. When I told about our divorce process the officer told me that I can mention to the officer when I will be called for the interview. As per the officer, Unlike I 751 application I dont have to inform USCIS while the application is pending about our separation process. So there is no need to retract my N 400 application. But in the end the officer told me for my satisfaction I can send a letter notifying that we are in the process of divorce. The officer told me eventhough we are separated they can give Citizenship based on the fact that we lived for 3 years post greencard approval.

Thanks

[Kathryn41 3,205]

Hmm. I was under the impression that you still had to be married and together right up until the time citizenship was approved if you are applying as the spouse of a US citizen. This advice you got is different.

Edited January 14, 2009 by Kathryn41

[csoul 0]

The point is very clear here, to apply for a US Citizen you need to have the same spouse (the US Citizen) if you like to apply after just 3 years OR if you divorce after getting the 10y Green Card you will need to wait 5 years (from the moment you became permanent resident) and apply in that moment.

In the case that you applied as spouse (and just 3 years) you still had to be married but IF that time passed AND in the process you already have 5 years since you have your resident status then the divorce is not a problem.

Good luck!

Edited January 14, 2009 by Venezolano74

[mooninlove 1]

Since a divorce is pending, you're eligible for the 5 yrs not the 3yrs. The 5 yrs counts from the time you became a permanent resident. When you go to your N400 interview, they'll gonna look back to how you got your GC from POE-N400 file. They'll gonna ask the same thing just to make sure what you've written or said is true although your eligibility is for 5 yrs..This is based on my experience. Could not/ could be applied to you, you'll never know.. Goodluck.

Edited January 14, 2009 by mooninlove