N400 and divorce

[Auria 0]

I read just on another threat that I might not get the citizenship if I get divorced before it is granted.

I already applied without knowing it and now my husband filed for the divorce. What should I do? Call them and tell them to take me out of the system and then apply next year again when it has been 5 years? Will I have to pay the $675 again?

Edited August 16, 2009 by Auria

[Sand 5]

Hi, as an opinion, if u said u getting divorce that means u are still married. if i am in ur shoes i will not call or anything i will keep it on. and also it depends at ur state. how long it's taking to get divorce when u file for it, some states takes up to 6 months. i think as opinion let it go.

But wait for better answers.

[NickD 203]

Congress seems to think if you are in a permanent married situation with a USC, you will make a better citizen and the USCIS carries this to the extreme. By ignoring your potential divorce and not informing your IO, you risk not getting citizenship, is that a risk you are willing to take?

Every situation is different, we know of a couple where the wife is from a very wealthy family and she is accustomed to maid service and all that, here she is living in an old farm house, has been a LPR for some time, with no interest in becoming a USC. She travels to her home alone, and we wonder if she will ever return. We can see marriage problems, but also is none of our business. While others have made a life here and want to stay after their marriage fell apart.

Bottom line, is you have to be perfectly honest with the USCIS, is the surest way if you want to become a USC.

[Auria 0]

How do I inform them? Do I call? Or send them a letter?

[so2008 0]

How do I inform them? Do I call? Or send them a letter?

Let him know when you go for the interview if you were divorced by that time. If the divorce is not final by that time (the interview) you do not even have to mention since couples could have many issues or problems but they resolve them later on without getting divorce.

[lucyrich 20]

If you look on the USCIS page under "laws and regulations", and search for interpretations, then dig up interpretations for 319.1, you'll eventually find this paragraph.

Although section 319(a), as distinguished from sections 319(B) and (d), further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

In other words, if you were living together in valid marital union at the time you filed the N-400, and if you later have a pending divorce that isn't final, you'll be eligible to naturalize unless the divorce becomes final before you take your oath.

I'd say do nothing now. Be sure and mention it at the interview. Failure to mention it might be construed as willfully witholding a material fact, which could lead to severe problems, including deportation, permanent bar, and no chance of citizenship ever.

If your divorce causes you to become ineligible for naturalization now, that doesn't hurt your ability to file a new N-400 after you've completed five years as a permanent resident. But naturally, if you lie or conceal a material fact during the process, that could make future naturalization impossible.

[Auria 0]

I got the letter with the interview appointment now. It's scheduled for October 5th. The divorce will be probably final on September 25th.

Should I wait that long and tell everything during the interview or should I try to contact someone? I already tried to call USCIS, but gave up after 20 minutes of listening to "if you calling regarding.... press 5..". They just don't have an option to speak to someone there. Should I maybe contact an attorney, who knows anything bout stuff like that??

[satyam 0]

I got the letter with the interview appointment now. It's scheduled for October 5th. The divorce will be probably final on September 25th.

Should I wait that long and tell everything during the interview or should I try to contact someone? I already tried to call USCIS, but gave up after 20 minutes of listening to "if you calling regarding.... press 5..". They just don't have an option to speak to someone there. Should I maybe contact an attorney, who knows anything bout stuff like that??

I would recommend you to be fair and honest with INS about what has happened so that you don't jeopardize your chances for filing again even if this one fail at the expence of cost($675) and Time( 2 Years).

What i understand is since your husband filed divorce at a very stage when you are inch closer to getting citizenship, he intentions were pretty clear to ruin your chances!

I am hoping INS does not deny your case, coz you are still married and have filed with every Document that is needed (Ned to have last 3 years of Joint TAX filings & Kid(s) birth certificates & joint financial statements ) married and lived with USCIS for 3years.

Anyways finally Your case outcome would result in how the IO officer looking more of technical side or on humanitarian Grounds

[jsnearline 2]

If you and your husband are no longer living in marital union for reasons other than economic necessity or military deployment, you could have to re-file after you've been a PR for five years.

I certainly wouldn't hide this information from USCIS. You could not only risk citizenship, but your green card as well.

[Dakine 26]

further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

Looks like you have a chance. Hope it isn't to much of a hassel to attend the interview.

[lucyrich 20]

I got the letter with the interview appointment now. It's scheduled for October 5th. The divorce will be probably final on September 25th.

Should I wait that long and tell everything during the interview or should I try to contact someone? I already tried to call USCIS, but gave up after 20 minutes of listening to "if you calling regarding.... press 5..". They just don't have an option to speak to someone there. Should I maybe contact an attorney, who knows anything bout stuff like that??

If you have a final legally valid divorce at any time before you take the citizenship oath, you're ineligible to naturalize under the "three years married to and living with a US Citizen" provision. You will still be eligible to naturalize under the "five years as a LPR" provision, as soon as you've completed five years with your green card.

You're under no legal obligation to contact them in advance of the interview. It might be nice, if you can, but they certainly don't make it easy, do they? If you simply wait until the interview and then show up and tell them the situation, they won't hold it against you that you didn't contact them sooner. That's probably what I'd do, especially if a reasonable effort to contact them in advance failed to reach the right person.

You ARE under a legal obligation to tell them the truth at the interview, and not make any effort to conceal the divorce. At all costs, be sure and avoid any misrepresentation or concealing of a material fact. Stay as far away from that as possible, because it would cause you to be deported and barred for life. I'd volunteer the information about the divorce right up front before they ask about it. That will probably save both of you a bit of time.

I'd expect they'll deny (or perhaps allow you to withdraw?) the N-400 without prejudice, meaning you can file another N-400 when you're eligible under the five year rule, and there will be no bad thing on your record for this attempt.

[lucyrich 20]

further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

Looks like you have a chance. Hope it isn't to much of a hassel to attend the interview.

To me, it looks like there's not much chance. Once the divorce is final, there's no more legally valid marriage in existance. The divorce is scheduled to be final roughly two weeks before the interview. Even if the divorce were final AFTER the interview, the existence of a legally valid marriage is required all the way until naturalization is complete, in other words, until the oath date.

If there's a delay in the final divorce until after the oath, it should work. I had just accepted the scheduled divorce date as something that was already decided and not subject to change, but maybe that's not the case.

I'll also point out that the USC spouse has an incentive to have the alien naturalize as soon as possible. The affidavit of support is not terminated by divorce, and remains in effect indefinitely, until one of the four terminating conditions occurs. The alien's naturalization is one of those terminating conditions. Divorced alien spouses have sued their USC spouses for financial support under the terms of the affidavit of support, even when the divorce decree did not grant them alimony. If both attorneys look up "Stump v. Stump", it might provide food for thought, and perhaps the parties could agree to a delay in making the divorce final. I don't know.

[Dakine 26]

further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required.

Looks like you have a chance. Hope it isn't to much of a hassel to attend the interview.

To me, it looks like there's not much chance. Once the divorce is final, there's no more legally valid marriage in existance. The divorce is scheduled to be final roughly two weeks before the interview. Even if the divorce were final AFTER the interview, the existence of a legally valid marriage is required all the way until naturalization is complete, in other words, until the oath date.

If there's a delay in the final divorce until after the oath, it should work. I had just accepted the scheduled divorce date as something that was already decided and not subject to change, but maybe that's not the case.

I'll also point out that the USC spouse has an incentive to have the alien naturalize as soon as possible. The affidavit of support is not terminated by divorce, and remains in effect indefinitely, until one of the four terminating conditions occurs. The alien's naturalization is one of those terminating conditions. Divorced alien spouses have sued their USC spouses for financial support under the terms of the affidavit of support, even when the divorce decree did not grant them alimony. If both attorneys look up "Stump v. Stump", it might provide food for thought, and perhaps the parties could agree to a delay in making the divorce final. I don't know.

Yeah I overlooked to date of naturalization

I think I'd make an infopass and double check.