N-400 Application before or after divorce?

[EricInPS 6]

My GF came to the US from China in 2013. Married in 2014 to a US citizen. Conditional Green Card was upgraded to 10 year Green Card in 2017. Shortly after that her marriage fell apart and she has been living separately from her husband since 2018. Due to circumstances in her home country she is now ready to file for N-400. Would filing for divorce in any way affect her ability to file for N-400? FYI, 2021 was the first year that she has filed taxes on her own. The previous years were joint returns with her husband. Any insight, pros/cons, would be appreciated.

 

Eric 

[Pleasework89 47]

My mom filed her n400 back in 2013 while separated from my father, who sponsored her. She submitted her separate tax returns without my dad, he wasn't involved in the n-400 application process at all. I think, not 100% sure, but I think that as long as she has been a legal permanent resident for 5 years or more, it doesn't really matter if she is no longer married or separated from sponsor. The status of her marriage would only matter if she was applying for her citizenship in the 3-5 years for spouses of us citizens. At least that was my mother's experience.

[EricInPS 6]

20 minutes ago, Pleasework89 said:

My mom filed her n400 back in 2013 while separated from my father, who sponsored her. She submitted her separate tax returns without my dad, he wasn't involved in the n-400 application process at all. I think, not 100% sure, but I think that as long as she has been a legal permanent resident for 5 years or more, it doesn't really matter if she is no longer married or separated from sponsor. The status of her marriage would only matter if she was applying for her citizenship in the 3-5 years for spouses of us citizens. At least that was my mother's experience.

Yeah, that seems to be what I have read as well. She is well past the 5 year point so I don't see how it would be an issue.

[Mike X Man 37]

Would not be an issue but IOs have latitude to ask all sorts of questions since they are reviewing your entire immigration timeline.. You just have to be ready to respond to them.