Separation after filing I400 with domestic violence charges

[JJ1234 0]

Hi, I am 10-year GC holder, came to the US though K1 visa. I am a resident since 12/7/2011, and I applied for naturalization I400 in October 2014, 2 months before completing the 3 year rule. After, 3 months from my filling I400 January 24th 2015, I was accused of domestic violence. My case will be dismissed after taking some classes, before even going to judge-Counseling Done upfront. USCIS put my application on hold for year after my requested . The one year will end March 31 and my case will be dismissed before that. One more thing, me and my wife are separated since August 2015.

My questions are: Am I technically illegible for naturalization after filing 2 months before my 3rd marriage anniversary?

Am I illegible for naturalization after we separated 6 months ago?

Do I need to hire a lawyer or there is no need if I am technically not illegible?

I will be able to reapply for naturalization in 8 months through 5 year rule. If I get denied now under the 3 year rule, will that affect my next application?

Thanks so much, I will appreciate any input

Edited February 28, 2016 by kamel05500

[NikLR 13,227]

~~moved to effects of major changes from general immigration~~

[aleful 1,905]

hi

you should withdraw the petition, you no longer qualify, since you will need to prove that your are still living together and that you currently have a bona fide marriage

you need to present evidence, such as everything at the same domicile, including taxes together

I would see an attorney to see if you qualify for citizenship based on the domestic violence accusation

[JJ1234 0]

Hello

Thanks for your reply. Why do I need to withdraw my petition? What will I lose if I go to the interview? I've already paid. Also, I thought the same until I read this please see below-paragraph 2:

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 p​rovision 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.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter3.html

Edited February 28, 2016 by kamel05500

[Boiler 44,967]

You alos need 5 years good moral character.

[aleful 1,905]

hi

you need to prove that you are living together, that your marriage is in good faith, separated is not a good faith marriage

you will need to prove comingling of finances, like the first time and removal of conditions, such as, taxes together, joint bank account, lease, bills in both names, car insurance, medical insurance, pictures together

the officer will ask you questions about your marriage, that's why the 3 year rule is more difficult because you need evidence of bona fide marriage

it's not difficult when you are really married and have a lot of evidence

when separated or divorced, you can only file under the 5 year rule, filing on your own,

[Hypnos 6,576]

As stated, you are currently ineligible, and your N-400 is not approvable.