Divorce File while N400 interview is pending

[phobicjade 2]

Hi Visajourney family, 

 

I have been a permanent resident for 4years now, and i had applied for citizenship last year under 3 years rule. USCIS send me a interview letter for next month but my wife filed for divorce last week.

I want to know what should i do? Should i not go to interview and call them to withdraw the case or should i go for interview and explain about my pending divorce. i was reading somewhere in the forum that i will not be eligible for naturalization under 3 years rule.

Any input will be highly appreciated.

 

Thanks

[Ivy. 113]

I have no personal experience, but it seems like you should send them a letter to withdraw your application and file again later under the 5 year rule.

I do not know if there is a chance for them to "stall" your application or reschedule the interview for next year so you do not lose your application fee.

 

I'm sorry. :/ 

[Enigma11561 336]

I may be on thin ice here,  but you were legally and legitimately married when you filed for your N400. You will be legally and legitimately married when you go to your interview ( even if your wife filed, the divorce is still not complete, it can take awhile). Once the interview is complete, you have been approved for citizenship and  your oath ceremony may be only a month or two away and you may still be legitimately married. In any event I would still go to the interview and if you tell them your story I think the worst that can happen is you wait another2 years and pay again.

[geowrian 22,337]

9 minutes ago, Enigma11561 said:

I may be on thin ice here,  but you were legally and legitimately married when you filed for your N400. You will be legally and legitimately married when you go to your interview ( even if your wife filed, the divorce is still not complete, it can take awhile). Once the interview is complete, you have been approved for citizenship and  your oath ceremony may be only a month or two away and you may still be legitimately married. In any event I would still go to the interview and if you tell them your story I think the worst that can happen is you wait another2 years and pay again.

Married still, yes. However, that's not the actual requirement. I think arguing "living in marital union" would be difficult even if still living together but legally separated.

 

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

"1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must be the spouse of a U.S. citizen from the time of filing the Application for Naturalization until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse prior to filing the Application for Naturalization. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

 

An applicant under the special provisions for spouses is ineligible for naturalization if:

* The applicant is not residing with his or her United States citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the citizen spouse; or

* If at any time prior to taking the Oath of Allegiance, the spousal relationship is terminated or altered to such an extent that neither the applicant nor the U.S. citizen spouse can be considered to be residing together as husband and wife."

 

...

 

"Legal Separation

 

A legal separation is a formal process by which the rights of a married couple are altered by a judicial decree but without eliminating the marital relationship. ^[28] In most cases, after a legal separation, the applicant will no longer be actually residing with his or her U.S. citizen spouse, and therefore will not be living in marital union with the U.S. citizen spouse.

 

However, if the applicant and the U.S. citizen spouse continue to reside in the same household, the marital relationship has been altered to such an extent by the legal separation that they will not be considered to be living together in marital union.

 

Accordingly, an applicant is not living in marital union with a U.S. citizen spouse during any period of time in which the spouses are legally separated. ^[29] An applicant who is legally separated from his or her spouse during the time period in which he or she must be living in marital union is ineligible to naturalize as the spouse of a U.S. citizen."

 

"Informal Separation

 

In many instances, spouses will separate without obtaining a judicial order altering the marital relationship or formalizing the separation. An applicant who is no longer actually residing with his or her U.S. citizen spouse following an informal separation is not living in marital union with the U.S. citizen spouse.

..."

 

Lots of material here, but I think the OP would not qualify is the gist of it.

Edited April 2, 2018 by geowrian

[Going through 5,669]

When they discover during your interview that you and your wife are going through divorce proceedings, your N400 will be denied since you are no longer eligible for naturalization under the 3-year rule.  The IO will then advise you to reapply after meeting the 5 year residency requirement.

 

My advice is, whatever you decide to do---do NOT go into the interview claiming your marriage is all hunky-dory/you are not getting divorced.  It can all unravel for you very quickly with a few pointed questions from the IO, which could then result in a misrepresentation finding, which would then conclude in more trouble than you are asking for.

Edited April 2, 2018 by Going through

[Going through 5,669]

14 minutes ago, Enigma11561 said:

I may be on thin ice here,  but you were legally and legitimately married when you filed for your N400. You will be legally and legitimately married when you go to your interview ( even if your wife filed, the divorce is still not complete, it can take awhile). Once the interview is complete, you have been approved for citizenship and  your oath ceremony may be only a month or two away and you may still be legitimately married. In any event I would still go to the interview and if you tell them your story I think the worst that can happen is you wait another2 years and pay again.

The requirement for the 3-year rule of the N400 is not only to be legally/legitimately married.  The requirement is that the couple is married AND living together in a bonafide marriage/union.  That means neither divorced, going through divorce, or separated.

[Enigma11561 336]

As I said, I may be on thin ice. Thank you folks for the further enlightenment. To the OP. Looks like the timing is lousy but you will become a citizen. it will just take a bit longer..

[phobicjade 2]

Thank you all for your input, i really do appreciate the help.

Update on my Case.

So i went to the Interview yesterday. I took a oath and she asked me are you still married? i said yes but separated as we are going through divorce, then she went about asking how long have i been separated and i told her a month. she asked if we are still living together and i answered yes.

afterwards she asked me civic questions I answered 6 questions, had me write few sentences and asked me to read few lines.

She went over my application and asked question on my application. I disclosed I had a couple of traffic tickets couple of years ago.

Then she showed me all my info on a paper to verify it, and said "The name will appear on your naturalization certificate"
She made me sign an oath and said I will be saying that oath on my ceremony.
then she handed me a paper that said I passed the test but a decision could not be made yet because she wanted to review my file and that i will hear back within 90 days about decision.

Anyone with similar experience? Im ready to apply next year if anything but the interview went very good.

Thank you! 

[phobicjade 2]

Hi VJ family,

I have a divorce pending and i filed under 3 year rule for citizenship, I was skeptical to attend the interview and was ready to withdraw the case but People here suggested that i should go to interview which i did yesterday and below is the experience i shared.

 

So i went to the Interview yesterday. I took a oath and she asked me are you still married? i said yes but separated as we are going through divorce, then she went about asking how long have i been separated and i told her a month. she asked if we are still living together and i answered yes.

afterwards she asked me civic questions I answered 6 questions, had me write few sentences and asked me to read few lines.

She went over my application and asked question on my application. I disclosed I had a couple of traffic tickets couple of years ago.

Then she showed me all my info on a paper to verify it, and said "The name will appear on your naturalization certificate"
She made me sign an oath and said I will be saying that oath on my ceremony.
then she handed me a paper that said I passed the test but a decision could not be made yet because she wanted to review my file and that i will hear back within 90 days about decision.

Anyone with similar experience? Im ready to apply next year if anything but the interview went very good.

Thank you! 

[TBoneTX 44,613]

The above post was moved from another forum and merged with the existing thread.

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This sounds promising.  Often, the interviewers need to get supervisory sign-off before full approval can occur.  Just wait, with hope.