Filed for N400...now separated/filing for divorce

[AndiiBee 0]

Hi all, 

 

I filed for citizenship on October 2017, I have gotten my fingerprints done already but there has been no update to my case. My husband and I have separated and are now going to file for divorce. I know I should withdraw my petition.. that's not the question.

 

My question for y'all is, I'm about to have my five years as a legal resident in May of 2018. If I withdraw my petition, file for divorce, will it throw a red flag if I file for citizenship under the five year rule right away? Has anyone seen this situation come up here before? 

 

The marriage was entered in good faith, we were together for 8 years overall and we have two children together. It's just one of those situations that no matter how much we tried.. we just couldn't make it work. Thank you all in advance. 

[KazuriSana 324]

18 minutes ago, AndiiBee said:

My question for y'all is, I'm about to have my five years as a legal resident in May of 2018. If I withdraw my petition, file for divorce, will it throw a red flag if I file for citizenship under the five year rule right away? Has anyone seen this situation come up here before?

No. Five-year rule has nothing to do with whether you are still married or not, although still being married is a plus.

[nightingalejules 678]

Also, you don't actually have to withdraw your application - just amend it to a divorce waiver.

[Illiria 980]

42 minutes ago, nightingalejules said:

Also, you don't actually have to withdraw your application - just amend it to a divorce waiver.

This is incorrect, this is naturalization not removal of conditions. To file under the three year rule you have to be married to us citizen in marital union and continue to be in that state until after oath ceremony. 

 

OP you have it right - withdraw and then reapply once you become eligible under the five year rule, don’t worry they won’t have an issue with it. 

 

They may still ask you about the marriage as that’s how you got the green card but they won’t hold the divorce against you. 

[nightingalejules 678]

33 minutes ago, Illiria said:

This is incorrect, this is naturalization not removal of conditions. To file under the three year rule you have to be married to us citizen in marital union and continue to be in that state until after oath ceremony. 

 

OP you have it right - withdraw and then reapply once you become eligible under the five year rule, don’t worry they won’t have an issue with it. 

 

They may still ask you about the marriage as that’s how you got the green card but they won’t hold the divorce against you. 

Yikes! You’re right! Sorry... too many i751 posts today! @Illiria, thanks for the catch!

[little immigrant 801]

It takes about a year to get to the oath ceremony. I would not withdraw. Maybe they can accommodate you for an oath ceremony after your 5th anniversary of being an LPR. I would just take that shot. You have nothing to lose. If it doesn't work then you can always file again under the 5 year rule. 

[aleful 1,905]

if you filed under the 3 year rule, then you no longer qualify for citizenship, since at the time of the interview you must prove bona fide marriage,

 

not that your marriage was in good faith, but it is currently in good faith and living together, having co mingling of finances and other proof, which is not possible since you are separated and possibly divorced at the time of the interview

 

so you must withdraw the n400 and file under the 5 year rule