Marital status may change after N400 application under 3 yrs!!

[Dantrolene 15]

Hi all, 

 

I don’t know what to do in my case. I am eventually looking for citizenship as soon as possible. And I am right now eligible for N400 application under 3 yrs rule,  while I am still waiting for my green card 10 yrs. I am not sure about my marital status since things are up and down and my spouse mentioned divorce couple of times whenever we have fights. But life goes on afterwards.  I’d like to know what’s best for me? Also if I applied and got rejected for divorce or separation, my application gets denied and I lose application fee $760, right ?

 

Appreciate honest advice and opinions. 

 

 

 

 

 

 

 

 

things 

[mushroomspore 3,044]

Yup, no refund if you file and then get divorced. What's best is to prioritize your marriage over citizenship. Citizenship can wait. Your marriage cannot.

Edited September 26, 2018 by mushroomspore

[Going through 5,671]

3 hours ago, Dantrolene said:

 I’d like to know what’s best for me? Also if I applied and got rejected for divorce or separation, my application gets denied and I lose application fee $760, right ?

Yes, you would get denied since you would no longer be eligible under the 3-year rule...no refund...and you would have to wait until you were eligible under the 5-year residency rule to apply for the N400 again.

 

Best thing is to just wait until you are eligible under the 5-year rule, if you're not sure where your marriage is heading.

I would also ask your husband if he's serious about divorce the next time he brings it up---or if it's just emotions in the heat of the moment speaking---no one should put up with the constant threat of divorce over their heads whenever something goes wrong/during an argument.  It's manipulative of him to do that.

[afrocraft 313]

14 hours ago, Going through said:

Best thing is to just wait until you are eligible under the 5-year rule, if you're not sure where your marriage is heading.

Just to say that this also applies even if your loving spouse dies -- which seems terribly unfair, but hey.

Edited September 26, 2018 by afrocraft

[Dantrolene 15]

Good points!   I am the man the beneficiary one and my wife is the US citizen moody one. And I feel like it’s better not to tell her anything about this since she can be more manipulative if she knew I think.....

 

The thing i am sure about is we can stay married for a nother  year from now since we have big trip planned for and she is looking forward to it so I am sure of one year. After that I can’t guarantee anything. 

 

I applied for ROC in November 2017 and I think it may take less than a year to get my 10 yr GC. Because my file is in local office in Seattle since April 2018. 

 

And as you said if I applied to n-400 now, everything will move to the main center and it would take 2 years average to get an interview or GC 10 yr approved. 

 

So other than money issue, what would be ideal and guaranteed for me overall ? Considering best vs worst case scenarios 

 

 

 

 

[mushroomspore 3,044]

1 hour ago, Dantrolene said:

Good points!   I am the man the beneficiary one and my wife is the US citizen moody one. And I feel like it’s better not to tell her anything about this since she can be more manipulative if she knew I think.....

 

The thing i am sure about is we can stay married for a nother  year from now since we have big trip planned for and she is looking forward to it so I am sure of one year. After that I can’t guarantee anything. 

 

I applied for ROC in November 2017 and I think it may take less than a year to get my 10 yr GC. Because my file is in local office in Seattle since April 2018. 

 

And as you said if I applied to n-400 now, everything will move to the main center and it would take 2 years average to get an interview or GC 10 yr approved. 

 

So other than money issue, what would be ideal and guaranteed for me overall ? Considering best vs worst case scenarios 

 

 

 

 

I still stand by my advice: focus on your marriage first. No point in pursuing (or even thinking of pursuing) citizenship until you know for sure what's going on with your marriage. USCIS aren't going anywhere either.

[Going through 5,671]

4 hours ago, Dantrolene said:

So other than money issue, what would be ideal and guaranteed for me overall ? Considering best vs worst case scenarios 

Nothing is guaranteed in immigration matters.  

 

Ideally, though?  Best case scenario is that you wait until you are eligible under the 5 year rule, where your marital status is then irrelevant in terms of an approval or denial....it won't matter then whether you are still married or divorced.

Edited September 27, 2018 by Going through