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Julien76

Divorce during naturalization process n400

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7 hours ago, Nitas_man said:

If you have been a PR and meet the criteria under the 5-year rule then divorce has no bearing on your N-400 application.

When OP filed N-400 it was based on 3-year rule. OP still doesn't qualify for 5-year rule.

4 hours ago, Julien76 said:

I'm sorry but where are the criterias ?

Input the GC anniversary date (9/9/2021) in the following calculator: https://www.uscis.gov/forms/uscis-early-filing-calculator

Edited by HRQX
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5 hours ago, HRQX said:

When OP filed N-400 it was based on 3-year rule. OP still doesn't qualify for 5-year rule.

Input the GC anniversary date (9/9/2021) in the following calculator: https://www.uscis.gov/forms/uscis-early-filing-calculator

So nothing new with the previous answers? 

 

And the anniversary date that put in the calculator is just a random date to obtain the 5years rule? 

 

 

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1 minute ago, Julien76 said:

Yes that's correct, I was confuse because you wrote 9/9/21

Because you should input 9/9/21: "To determine your 90-day early filing date, begin by identifying your 5-year or 3-year date as a permanent resident. For example, if the date on your Permanent Resident Card says “July 4, 2013,” you meet the 5-year permanent resident requirement on July 4, 2018." https://www.uscis.gov/forms/uscis-early-filing-calculator

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42 minutes ago, Julien76 said:

If I call the uscis and I explain that's possible we divorce before the end of the process to know if something is possible that we don't know

Their Policy Manual is explicitly clear: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

"the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance)."

"USCIS follows the language of the statute in requiring living in marital union only up until the time of filing."

"Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance."

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4 minutes ago, HRQX said:

Their Policy Manual is explicitly clear: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

"the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance)."

"USCIS follows the language of the statute in requiring living in marital union only up until the time of filing."

"Continue to be the spouse of the U.S. citizen up until the time the applicant takes the Oath of Allegiance."

OK so the only one possibility for me is to try to take the oath of allegiance before the divorce, How much time generally after we  start the process? 

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3 hours ago, Julien76 said:

is there a way to found the questions legally online to work ahead? 

On your current filing you would take 2008 version of the test because you filed N-400 before December 1, 2020. "The 2008 version of the civics test is an oral test, and the USCIS officer will ask you up to 10 questions from the list of 100 civics test questions. You must answer 6 questions correctly to pass the 2008 version of the civics test. Applicants for naturalization with a filing date (also known as a receipt date) before Dec. 1, 2020, will take the 2008 version of the civics test. You may find study materials for the 2008 version of the civics test on this page." https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test

2008 version: https://www.uscis.gov/sites/default/files/document/questions-and-answers/100q.pdf

 

If you have to refile later when eligible for 5-year rule, you would take 2020 version of the civics test. "The civics test is an oral test and the USCIS officer will ask you to answer 20 out of the 128 civics test questions. You must answer at least 12 questions (or 60%) correctly to pass the 2020 version of the civics test." https://www.uscis.gov/citizenship-resource-center/the-2020-version-of-the-civics-test/128-civics-questions-and-answers-2020-version

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