FILED N-400 BUT MARRIAGE IS ON THE ROCKS

[laylasa 1]

Hey guys,

I filed my N-400 in November 2013, did biometrics and im waiting for the interview now. Things have not been going on well in my marriage. Its been on the rocks since day one but have been patient because im doing my best to make it work. I get abused emotionally and im almost reaching my breaking point. I love my husband thats why i have been holding on hoping that all will be well. I cant have friends around me, I cant drive, I cant go to college and I cant work because my husband refused me to. At first, i thought he was joking when he said that but i had a chance to join a college but he would not take me to attend the interview so i lost the chance. Im stressed and so frustrated now. I did not want to walk out on my marriage but nothing seems to work. My questions are:-

Should i cancel the N-400 or wait until the process is over? If i wait until im done, what will happen if i walk out? Will my citizenship be revoked?

If its filing for divorce, how long should i wait before i do this?

The best way to go about this whole situation...... Im on my edge and i just cant take it anymore.

Thanks for your help.

[BigDaddy28 228]

In my opinion, if you think you can't handle it anymore, withdraw your n400 and file for divorce. If your husband is controlling you that way, it's not healthy for you because that's stress on your body. I don't know if they would revoke your citizenship if You stick with it more honestly, but i don't agree with what your husband is doing to you, as he should treat you as an equal human being who deserves respect. I wish i could help more. Good luck

[laylasa 1]

In my opinion, if you think you can't handle it anymore, withdraw your n400 and file for divorce. If your husband is controlling you that way, it's not healthy for you because that's stress on your body. I don't know if they would revoke your citizenship if You stick with it more honestly, but i don't agree with what your husband is doing to you, as he should treat you as an equal human being who deserves respect. I wish i could help more. Good luck

Thanks for your response. I have the interview now on 3rd February 2014. Will just go ahead and finish the process, maybe leave after im done. Thanks.

[aleful 1,905]

hi

are you sure? because even if you go to your interview, you won't become a USC until you have your oath ceremony. would you be willing to wait?

[laylasa 1]

hi

are you sure? because even if you go to your interview, you won't become a USC until you have your oath ceremony. would you be willing to wait?

Hi,

Yes i am sure. I have to wait. I dont want to give up on my marriage yet although the abuse is getting worse every day. Hope my husband will change. Thanks.

[myjourney400 1]

Hi,

Yes i am sure. I have to wait. I dont want to give up on my marriage yet although the abuse is getting worse every day. Hope my husband will change. Thanks.

Hello,

As per my understanding of the law and the recent update to uscis policy manual you are eligible for Naturalziation under 3 year rule if you separate from your spouse after filing N400. you can take a look at comprehensive citizenship and Naturalziation Guidance. I'm in a similar situation like yours and i did extensive research and will be going to interview with an Attorney. This change was made last year and not too many people know about it. I would take an attorney with me to the interview. Below is the highly from that manual.

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Part G: Spouses of U.S. Citizens

 Consolidates and provides up-to-date guidance on the naturalization provisions for spouses of U.S. citizens residing in the United States and abroad, to include conditional resident spouses who may naturalize prior to filing the petition to remove the conditions on residence.

 Clarifies that while spouses are required to live in marital union with the citizen spouse preceding the filing of the naturalization application, only a valid marriage is required from the date of filing until the time of naturalization.

Clarifies that USCIS calculates the early 90-day filing period for spouses in the United States by counting back 90 days from the day before the applicant reaches three years as an LPR.

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B. Living in Marital Union for Spouses Residing in the United States

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least three years immediately preceding the time of filing the naturalization application. This provision requires that the spouse live in marital union with the citizen spouse during the entire period of three years before filing.

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring marital union only up until the time of filing.^[4] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[5]

A person who was a spouse subjected to battering or extreme cruelty by their citizen spouse is exempt from the marital union requirement.^[6]

 Clarifies that USCIS calculates the period of qualifying employment regularly stationed abroad for citizen spouses from the time the applicant spouse properly files for naturalization.

 Clarifies that the period of good moral character for spouses of U.S. citizens employed abroad is at least three years prior to filing the application until the time of naturalization.

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[laylasa 1]

Hello,

As per my understanding of the law and the recent update to uscis policy manual you are eligible for Naturalziation under 3 year rule if you separate from your spouse after filing N400. you can take a look at comprehensive citizenship and Naturalziation Guidance. I'm in a similar situation like yours and i did extensive research and will be going to interview with an Attorney. This change was made last year and not too many people know about it. I would take an attorney with me to the interview. Below is the highly from that manual.

======

Part G: Spouses of U.S. Citizens

 Consolidates and provides up-to-date guidance on the naturalization provisions for spouses of U.S. citizens residing in the United States and abroad, to include conditional resident spouses who may naturalize prior to filing the petition to remove the conditions on residence.

 Clarifies that while spouses are required to live in marital union with the citizen spouse preceding the filing of the naturalization application, only a valid marriage is required from the date of filing until the time of naturalization.

Clarifies that USCIS calculates the early 90-day filing period for spouses in the United States by counting back 90 days from the day before the applicant reaches three years as an LPR.

================

B. Living in Marital Union for Spouses Residing in the United States

The spouse of a U.S. citizen residing in the United States must have been living in marital union with his or her citizen spouse for at least three years immediately preceding the time of filing the naturalization application. This provision requires that the spouse live in marital union with the citizen spouse during the entire period of three years before filing.

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been married with his or her citizen spouse for at least three years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring marital union only up until the time of filing.^[4] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[5]

A person who was a spouse subjected to battering or extreme cruelty by their citizen spouse is exempt from the marital union requirement.^[6]

 Clarifies that USCIS calculates the period of qualifying employment regularly stationed abroad for citizen spouses from the time the applicant spouse properly files for naturalization.

 Clarifies that the period of good moral character for spouses of U.S. citizens employed abroad is at least three years prior to filing the application until the time of naturalization.

============

Hey, sorry for what you are going through.

For me, I will be going to the interview without an attorney. I still live with my husband and we have never separated since we got married. Still trying to work things out but no change though.

Thanks for the information. I didnt know that.

Wish you the best in your interview.

[mikkopel 0]

One thing to remember, especially when dealing with abusive spouses, is that domestic violence is a deportable offence. You do NOT want to risk that on your record. If you think about it, you can figure out why this is important, even if you're not the abuser. Say there's a fight, your spouse is being his typical abusive self. Something finally clicks in you, you end up hitting him. The neighbor calls the police. Now you have a DV on your record.

Or maybe you never even lay your hand on your spouse. But your spouse wants to teach you a lesson, and makes it look like you did. Again. DV on your record.

Even if you don't get deported, if you get arrested, they will find out when you apply for N-400.