Joint I-751/N-400, Separation After Filing

[franklinroosevelt 2]

Hello, I filed my I-751 in Nov 2019 (originally at WAC) and my N-400 online in Nov 2020 (San Fran). Biometrics have been re-used for both and both are now at NBC (I-751 was transferred after I filed N-400). No interviews scheduled for either.

 

My marriage is now rocky. We can stay legally married until the N-400 oath. I realize the N-400 marital union requirement is just until time of filing per https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20181012-MaritalUnion.pdf so I should be ok there and looks like separation should not be an issue as long as I am honest... but what happens with the I-751 if we separate?

 

[da95826 387]

First off, never lie to USCIS about your relationship status. If you are found to make misrepresentations to USCIS you may get perinatally banned. This includes not updating your relationship status when it changes. 

 

If you are separated from your spouse you can not be approved for your n400 based on marriage to a USA citizen, you must be together up to the oath ceremony.

 

Also, you can not be approved for an i751 joint petition if you have separated with your spouse. If you separate from your spouse you need to amend your i751 to a waiver case (devorse, abuse, emotional abuse, or humanitarian). The easiest waiver is a devorse waiver so you should consider getting a devorse if you are separated from your spouse.