N400 complicated situation. Can I still apply?

[firebird00 66]

So here is my situation. I got my 10 yrs GC and got divorced 2 weeks before being eligible to file for N400. I moved out but now we are talking marriage again but not sure. We are still discussing our problems. I have a question regarding immigration. If we get married again can I file for N400 under the 3 years rule? I was eligible to file for N400 at the end of October 2017. I would still be married for the same US spouse and it says married for 3 years. 

Thanks

[No-Where-Man 147]

Hi.

The 3 years rule is just that you have to stay married for 3 years in order to file under this rule. In the N400 you will be asked specifically of the dates of the marriage and divorce if any. Since you guys are already divorced, I would assume legally, so the clock starts again as there has been a divorce. However, you can file the N400 under the 5 years rule of being a Green card holder whichever is sooner. Good luck

[geowrian 22,337]

You would file under the (normal) 5 year rule instead.

 

https://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens

"To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

...

Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application"

 

The bolded section above was not met because you did not live in marital union during the entire 3 year period prior to filing.