Recent separation after ROC, close to naturalization what to do?

[Laurangel1311 0]

This is my first post, I'm hoping you all might be able to help!

My husband and I got married in October 2012. He received his 2 year GC in October 2013 (we were with a bad consultant for the first 6 months before finding a more reliable one in July 2013). Applied for ROC in October 2015 and we recently received his 10 year GC, May 2016. We were so excited and happy as like all of us, our journey was long and stress filled.

Over the past year while working on our relationship and also working individually on ourselves, we have grown apart and have both realized that it is best we go our separate ways with a deep amount of love and respect remaining.

We have only just recently physically separated. I am living with a roommate and he is living with family after giving up our lease together.

At this point, I am not sure what the next steps are in terms of his naturalization (I ask because I have a feeling our immigration consultant will tell us to go ahead with naturalization. However I want to make sure I am doing the right thing). Because we have been married 4 years (Oct 2012), does it matter if we file for divorce, since we have already been married 3 years? Or is it 3 years from when he received his initial 2 year green card? Or do we applying for naturalization anyways after the ROC was approved.

Thank you all so much for your help, it is very much appreciated!

[EM_Vandaveer 2,408]

No. He now has to wait 5 years (minus 90 days) from the "Resident since" date on his GC before he can file his N-400.

[zkt101 38]

A person can naturalize under the 3 year rule marriage base only if he/she is still married and living with the same US citizen spouse

Edited July 1, 2016 by zkt101