Marital Status for N-400 applying after Divorce 5 years rule

[mycase17 114]

Hello,

I'm about to appear for N-400 interview based on 5 years rule, another hurdle. I was divorced on December 2019 and applied for N-400 on Jan 27, 2020. Last year on Dec 2020, I got married again and also applied for my wife I-130 this year. Some questions. 

 

A.  Will USCIS be aware about new I-130 I filed for my spouse, and will that be suspicious. My first marriage didn't work out unfortunately. Do USCIS ask about current marital status, I'm married now but was divorced while I filed for N-400. i had to move on with my life but I understand USCIS might want to take a look at my case close which I'm fine. I just don't want further delay in my case. 

 

Please provide any feedback. Bit worried about interview and all. 

 

 

[arken 4,197]

1 hour ago, mycase17 said:

Hello,

I'm about to appear for N-400 interview based on 5 years rule, another hurdle. I was divorced on December 2019 and applied for N-400 on Jan 27, 2020. Last year on Dec 2020, I got married again and also applied for my wife I-130 this year. Some questions. 

 

A.  Will USCIS be aware about new I-130 I filed for my spouse, and will that be suspicious. My first marriage didn't work out unfortunately. Do USCIS ask about current marital status, I'm married now but was divorced while I filed for N-400. i had to move on with my life but I understand USCIS might want to take a look at my case close which I'm fine. I just don't want further delay in my case. 

 

Please provide any feedback. Bit worried about interview and all. 

 

 

The IO may or may not be aware of your pending i130 during the interview and that's not relevant to your citizenship application. You have to update your marital relationship at the time of the interview, they may ask you about it as well. In the naturalization certificate, you don't want "Divorced" or "Single" status when you are married. That may affect your i130 for sure when you use your citizenship status for upgrading ur petition. In case they ask about your current petition, tell the truth.
 

They could be suspicious, but filing under 5 year rule may help you get the citizenship.

[mycase17 114]

1 hour ago, arken said:

The IO may or may not be aware of your pending i130 during the interview and that's not relevant to your citizenship application. You have to update your marital relationship at the time of the interview, they may ask you about it as well. In the naturalization certificate, you don't want "Divorced" or "Single" status when you are married. That may affect your i130 for sure when you use your citizenship status for upgrading ur petition. In case they ask about your current petition, tell the truth.
 

They could be suspicious, but filing under 5 year rule may help you get the citizenship.

I wasn't aware about putting marital status in citizenship certificate and impacting I-130. Definitely will tell the truth. Thank you for your input. 

[mycase17 114]

Anyone in the forum had difficult time getting their N-400 approved due to divorced/Re-marrying status? 

[Mollie09 1,543]

17 hours ago, mycase17 said:

Anyone in the forum had difficult time getting their N-400 approved due to divorced/Re-marrying status? 

The opposite. I had no issues.

I was asked if I was married, I said yes, he asked "To the original petitioner?" I said no and we moved on.