Informal separation while N-400 pending

[Monseigneur 1]

Good afternoon all,

 

I applied for naturalization about 3 months ago under the 3-year rule since I married a US citizen. It now appears that my wife might be looking for a separation in the weeks/months to come, most likely before my N-400 would be processed. My understanding is that as long as we were living in marital union at the time of filing (which we were) and remain married until the oath of allegiance is taken, I would be in the clear. Is that correct? We are in rather good terms and she is willing to remain married until after the oath of allegiance.

 

Should the separation materialize, would you recommend I inform USCIS of the separation prior to the interview? If not, should I start the interview by mentioning it so that they do not think I am being deceptive?

 

Thank you.

[igoyougoduke 1,656]

 if the marriage is terminated by a divorce or annulment. Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed.

 

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.

[Boiler 45,558]

Wait for 5 years

[SusieQQQ 11,586]

Marital union is not required post filing, just being married.  As you’ve already filed, I’d just keep going with the application, nothing to lose by doing that. As with anything immigration related, answer all questions truthfully but don’t volunteer anything that is not asked for. 
 

Official uscis memo on this:

 

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be married from the time of filing for naturalization until the applicant takes the Oath of Allegiance for naturalization. In addition, statutory provisions require the applicant spouse to have been married and “living in marital union” (living together) with his or her U.S. citizen spouse for at least 3 years immediately before he or she filed the naturalization application.1
While the law requires that the applicant spouse and the U.S. citizen remain married until the time the applicant naturalizes, the living in marital union requirement is only required until the time of filing

 

https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181012-MaritalUnion.pdf

[RepublicOfTX 2]

Hi All,

 

OP is correct. I am no immigration lawyer, however, CIS addresses this in their Manual:

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

go down to sub chapter B.

 

The issue comes from a discrepancy with CFR. The latter says that LMU should be up to interview, INA says 3 years prior of filing. INA is law and the manual specifically says CIS adopts INA POV.

 

 

[franklinroosevelt 2]

Hi All, not to piggyback on someone else's thread, but what if it's the same scenario but I-751 is also pending? Anyone know if that changes things in terms of the requirement for LMU being only until time of filing (but legally married until oath)?

Edited February 22, 2021 by franklinroosevelt