N400 application during divorce

[Shark-K 0]

Hello,

 

For a quick over view:

I married my partner in July 2014

2015 I received conditional GC

2017 - 10 year GC was received

End 2019/early 2020 my husband and I separated 

Nov 2020 I filed for divorce

 

I am looking into applying for naturalization,  while the divorce is still going through the courts does would this cause any issues vs waiting until that’s finalized?

I wondered also around my name, once it is finalized I will be going back to my maiden name and wondered if applying prior to that would cause any issues?

 

if anyone is in a similar position or has been through this in a similar scenario I would love to hear your story/process.

 

Thank you.

 

 

[17Miller 30]

Once you have a 10-year green card, marriage status doesn’t directly affect your immigration status. 

 

You're eligible to file Form N-400 on the basis of five years as a permanent resident. In this situation, your eligibility is not dependent on a current marriage. Divorce does not affect your eligibility to file Form N-400 on the basis of five years as a green card holder. When you file Form N-400, USCIS will review your entire immigration file again to make sure your green card was obtained fraudulently. This includes your marriage. You just need to submit the same sort of docs that you did before, but covering the more recent time period. And put into your cover letter statement about what happened and you're going through divorce. 

 

I don't think it's an issue to apply it while you're still going through the dissolution. But to make sure the new name would be there on your Naturalisation Certificate, it's better to wait till the divorce is finalized. Otherwise it might still be the martial name. It also depends on your IO, sometimes a nice one will ask if you wanna change it back to your maiden name at the end of the interview upon approval. Not sure it will definitely happen, if so you will have to give the IO a new application form with your new name on top. The IO can't change anything you had on your submission for you.