How to take citizenship application back?

[persiankitty 0]

I filed for citizenship back in march 2009, but unfortunately after that things are not going well between me and my wife. I am not sure that but there is a possibility that by the time I get my interview appointment we might not be living togetger. If this happen, what should I do then. Do I still need to appear for the interview and let them know that we are no longer a couple. Do I need to go to my citizenship intereview with my wife or can I go alone.

[YuAndDan 153]

If you filed the N-400 based on 3 years of marriage to a US citizen, and have not been a lawful permanent resident for 5 years and you are not living with your US Citizen spouse, you may be required to wait until 5 years of LPR status before being able to interview for citizenship.

[lucyrich 20]

Don't do anything now. You've already filed, let the application proceed.

When you get to the interview date, let them know how the marriage is going. Don't lie or hide anything. The worst that will happen is that they will find that the separation makes you ineligible to naturalize under the "three years married to USC", and they'll tell you to re-file when you have completed five years (less 90 days) with a a green card.

There's a published interpretation that says something to the effect that, in order to file under the "three years married to USC" provision, the marriage has to be ongoing and valid, with the couple living together for the three years prior to filing. But between filing and oath taking, the only requirement is that the marriage be legally valid. In other words, as long as the two of you were living together and doing well up until the time you filed the application, the only thing that would cause the naturalization to fail would be a legally binding final divorce (or death of USC spouse) before the citizenship oath. Mere separation doesn't matter. So your naturalization might succeed even if you're not living together and even if you have started the divorce process, as long as the divorce doesn't complete before the citizenship oath.

If you choose, you can go to the interview and just tell them, "I don't want to proceed with this naturalization". They'll deny it and let you refile later when you believe you're eligible. But if I were you, I'd go to the interview and say something like, "This is where my marriage stands today. ... Am I eligible to continue with this naturalization?"

The one thing to avoid is misrepresentation. If you gain citizenship based on misleading them, and if that misrepresentation is ever discovered later on, you can be administratively denaturalized and deported. So be completely honest and truthful regarding the status of the marriage.