I am legally separated and eligible for N-400. Can I apply?

[justmarriedusciti 7]

I did my AOS based on my marriage to a US Citizen and got my two year GC in early 2021. I have been eligible to apply for N400 for a few weeks now while I wait for my 10 year GC to arrive (already have the 4 year extension to after removal of conditions). My wife and I are legally separated for almost a year. She ran off after I threatened to call the cops after continuous and regular domestic violence. She then filed for divorce on charges that were proved to be false during a hearing. She is telling our mutual friends that since I'm not a US citizen that I intend to run off with our child to another country (also untrue). I want to apply for my N400 to prove that I am not running away anywhere. Will USCIS accept my case instead of making me wait for the 5 year period?

[Dashinka 24,649]

If you are in divorce proceedings you will need to wait to file under the 5year rule.

 

Good Luck, and stay safe!

 

 

Edited January 11 by Dashinka

[Timona 4,208]

No longer eligible. Wait 5 years

[Crazy Cat 41,985]

56 minutes ago, justmarriedusciti said:

Will USCIS accept my case instead of making me wait for the 5 year period?

No.  You are not eligible to file under the 3 year rule.

I am Married to a U.S. Citizen | USCIS

 

"

• Have been living in marital union with your U.S. citizen spouse during the three years immediately before the date you file your application and while we adjudicate your application;"

[Ontarkie 14,320]

~~MOved to US Citizenship General Discussion, form AOS from W,S & T Visa- The topic is about naturalization.~~

[Family 4,065]

You have bigger problems . You need to write a request to amend I-751 from Joint to Divorce Waiver ..NOW. 
 

If your wife fabricated and filed stories w divorce court..I am pretty sure she reported the same to USCIS. 
 

So , file request to amend now , show divorce case pending. If divorce is not final by the time you get RFE , then file a new solo I-751 
 

 

[Boiler 45,753]

You have a much bigger issue with removing conditions.

And no you are not eligible to file under the 3 year rule

[igoyougoduke 1,662]

14 hours ago, justmarriedusciti said:

I did my AOS based on my marriage to a US Citizen and got my two year GC in early 2021. I have been eligible to apply for N400 for a few weeks now while I wait for my 10 year GC to arrive (already have the 4 year extension to after removal of conditions). My wife and I are legally separated for almost a year. She ran off after I threatened to call the cops after continuous and regular domestic violence. She then filed for divorce on charges that were proved to be false during a hearing. She is telling our mutual friends that since I'm not a US citizen that I intend to run off with our child to another country (also untrue). I want to apply for my N400 to prove that I am not running away anywhere. Will USCIS accept my case instead of making me wait for the 5 year period?

you need to let USCIS know that you are getting divorced. If you forget that it is going to come back to bite you . dont forget to do that 

 

you will probably need to file i-751 with divorce waiver 

[Family 4,065]

29 minutes ago, igoyougoduke said:

you need to let USCIS know that you are getting divorced. If you forget that it is going to come back to bite you . dont forget to do that 

 

you will probably need to file i-751 with divorce waiver 

Based on previous engagement on the subject ( a thread by the mighty @Mobius1) OP is  aware of the  nasty nuances of I-751  and divorce …and his original plan was to wait out the joint filed , pray for a speedy divorce and do a switch at the last minute.

 

BUT …given he has a Vengeful EX , it’s not worth the risk .
USCIS will definitely “ bite “ as you say and can create problems even here where there is a child born to the marriage.

 

[Pinkrlion 2,724]

Nope 5 year rules