N400 Marital Status

[iwp2022 1]

Hello! I am about to file my N-400 based on the 5 year rule and I have a question on the marital status. Currently, we are separated and we will file a divorce in a month or two. Based on the timeline shared by other VJ members, it will take approximately a year to schedule an interview. If I check the box “separated” on my N-400 application and my divorce is finalized before the interview, could I change my marital status during the interview with the IO? Or should I finalize my divorce first before filing N-400? California has a 6-month waiting period for a divorce. I prefer to file my N-400 early, if possible.

 

Many thanks in advance! Much appreciated.

Edited April 23, 2022 by iwp2022

[Mike E 11,739]

Do you have a legal separation?

[iwp2022 1]

20 minutes ago, Mike E said:

Do you have a legal separation?

No, just informal. Everything still together, joint accounts, credit cards, life insurance, etc. But we live in separate places now. 

[Family 3,988]

2 hours ago, iwp2022 said:

Hello! I am about to file my N-400 based on the 5 year

Under the 5 year rule, the separation/ divorce have no impact on your eligibility, so do not delay your filing. At the interview the Officer asks you to confirm your answers and you can update if dissolution is final. 
 

 

[iwp2022 1]

9 minutes ago, Family said:

Under the 5 year rule, the separation/ divorce have no impact on your eligibility, so do not delay your filing. At the interview the Officer asks you to confirm your answers and you can update if dissolution is final. 
 

 

Thanks! I will check “separate” and provide the IO a status update during the interview. I think the divorce should be finalized before the interview.

[Mike E 11,739]

6 hours ago, iwp2022 said:

No, just informal. Everything still together, joint accounts, credit cards, life insurance, etc. But we live in separate places now. 

Then I would select married and be candid at the interview regarding the state of marriage. 

[arken 4,197]

8 hours ago, iwp2022 said:

I think the divorce should be finalized before the interview.

It doesn't need to be. If divorce is not finalized by that time, your status in the naturalization certificate will likely be "separated".

[iwannaplay54 985]

22 hours ago, iwp2022 said:

Hello! I am about to file my N-400 based on the 5 year rule and I have a question on the marital status. Currently, we are separated and we will file a divorce in a month or two. Based on the timeline shared by other VJ members, it will take approximately a year to schedule an interview. If I check the box “separated” on my N-400 application and my divorce is finalized before the interview, could I change my marital status during the interview with the IO? Or should I finalize my divorce first before filing N-400? California has a 6-month waiting period for a divorce. I prefer to file my N-400 early, if possible.

 

Many thanks in advance! Much appreciated.

Check “married” and move on