Divorce and travel after filing N-400. What should I do?

[confoundedjealous 1]

Hello,
I am a Legal Permanent Resident. I obtained my LPR via adjustment of status by marriege to my US Citizen spouse. We married on Jan 2017. We went through the Green Card process without any issues and I received my 2-year conditional Green Card on Dec 2018. I later filed 1-751 to remove conditions on residence and I finally received my Permanent Green Card on Feb 2021.

Even though our marriage has had it ups and downs, we were in love and have always been in a legitimate relationship. Honestly, we have not been getting along at all during the past year, but we were always able to reconciliate and I always thought we were going to rekindle our marriage and stay together. We have never physically abused each other, just yell back and forth and stop talking for a few days. So, with this in mind, I went ahead and filed my N-400 on March 2022, following the three year rule for Permanent Residents via marriage. The N-400 application is on course and it currently shows as processing in the USCIS system with an approximate waiting period of 11 months.

This is where it gets tricky: We just had a major argument in mid May and she has decided to put an end to our marriage. I've tried to talk her into working it out, but she says she's done and doesn't want to stay married anymore nor until I become a citizen. She is adamant in getting a divorce asap. I have asked her to give me some time to figure out the best legal course of action. But a divorce is imminent within the next few months. In addition to this, due to work and family events, I will be traveling abroad for a period of 4-5 months: From sep 2022 to Jan 2023.

What would be the best course of action here?
Should I contact USCIS and withdraw my N-400? If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.? Should I be thinking in getting an i-131 advance parole before I leave the United States?

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...

[Mike E 11,745]

3 minutes ago, confoundedjealous said:

Should I contact USCIS and withdraw my N-400?

Not until you are divorced. 
 

3 minutes ago, confoundedjealous said:

If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

There is no effect on your LPR status.  

3 minutes ago, confoundedjealous said:

 

 

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.?

No.  

3 minutes ago, confoundedjealous said:

Should I be thinking in getting an i-131 advance parole before I leave the United States?

Only if you think you might be give more than 180 days.  But if you are gone 181 days or more, you’ve broken continuous residency for purposes of naturalization 
 

3 minutes ago, confoundedjealous said:

 

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...

Make sure you have have your past 3 years of tax transcripts 

[Boiler 46,404]

You applied based on the 3 year rle and you are no longer eligible so best to pull it.

 

Sounds like you wil be wanting to apply under the 5 year rule and I would not want any misunderstandings.

 

[JeanneAdil 6,727]

However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing.

USCIS follows the language of the statute in requiring living in marital union only up until the time of filing.^[5] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[6]

 

^{https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3#:~:text=3 Years of Continuous Residence,of the Oath of Allegiance}

[Family 4,259]

3 minutes ago, JeanneAdil said:

USCIS follows the language of the statute in requiring living in marital union only up until the time of filing.^[5] Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization.^[6]

This means 3 years of marital union  prior to filing  ( “ up until the time of filing), therefore at the time of oath as long as divorce is not final, the marriage is still legally valid. 

[Boiler 46,404]

3 years you have to prove the marriage 5 years you do not.

 

Lets put it this way if USCIS decided to interview your Spouse, has happened, how confident are you that she is going to back you up? They knock on her door at 7 am.

 

Also marital union and married are not the same.

[JeanneAdil 6,727]

44 minutes ago, Family said:

This means 3 years of marital union  prior to filing  ( “ up until the time of filing), therefore at the time of oath as long as divorce is not final, the marriage is still legally valid. 

i read the USCIS page and only quoted what they wrote

it is very conflicting 

how a USCIS officer will look at this at the interview can be varied / that's what i am reading and as a USC,   it confuses me 

seems a rather grey area but interesting

 

interested to know how others interpret this 

[Mike E 11,745]

OP has nothing to lose by seeing it through provided OP is candid about the state of marriage at interview and at oath.  

[confoundedjealous 1]

Thank you all for your responses!

What would happen if we get divorced, and I do not withdraw the N400 and I just fail to show up to the interview?

I understand it would be administratively closed so I would have to apply again, and submit a new fee once I am a 5 year LPR (December 2023).

I'm considering this because, you never know, what if they take very long like they do sometimes and then my 5 years come by? Would that original filing be viable even thought we have been long divorced and I didn't disclose this fact? Or is this pushing too much and asking for it...

 

Maybe the best would be to just withdraw the N400 stating the truth, take a loss and just go about my business until the 5 year mark comes around.

Best wishes to everybody.

 

[Boiler 46,404]

You can not convert a 3 year to a 5 year, there s a lot to be said for keeping things simple.

[Mike E 11,745]

3 hours ago, confoundedjealous said:

Thank you all for your responses!

What would happen if we get divorced, and I do not withdraw the N400 and I just fail to show up to the interview?

I understand it would be administratively closed so I would have to apply again, and submit a new fee once I am a 5 year LPR (December 2023).

I'm considering this because, you never know, what if they take very long like they do sometimes and then my 5 years come by? Would that original filing be viable even thought we have been long divorced and I didn't disclose this fact? Or is this pushing too much and asking for it...

 

Maybe the best would be to just withdraw the N400 stating the truth, take a loss and just go about my business until the 5 year mark comes around.

Best wishes to everybody.

 

Seems like you are asking two different things. 
 

1. what happens if you don’t show up at the interview? Answer: case denied.  Unlike N-600 you can file N-400 again in the future.  
 

2. What happens if USCIS takes 2 years to schedule your interview and you were divorced before then? Beats me, but if you think it might take 2 years to schedule an interview seems produce to file on the  5 year basis as soon as you can. Which means you should withdraw the earlier N-400 first. 

[JeanneAdil 6,727]

15 hours ago, confoundedjealous said:

Thank you all for your responses!

What would happen if we get divorced, and I do not withdraw the N400 and I just fail to show up to the interview?   This is a poor idea / don't ever just not show up to an interview 

I understand it would be administratively closed so I would have to apply again, and submit a new fee once I am a 5 year LPR (December 2023).

I'm considering this because, you never know, what if they take very long like they do sometimes and then my 5 years come by? Would that original filing be viable even thought we have been long divorced and I didn't disclose this fact? Or is this pushing too much and asking for it...

 

Maybe the best would be to just withdraw the N400 stating the truth, take a loss and just go about my business until the 5 year mark comes around.

Best wishes to everybody.