I751 and N400

[Dexter8 0]

My N400 application is in process (currently showing 2 months of estimated time) and my wife filed for divorce last week

As waiting period is 6 months for divorce , I will be still legally married to her if I appear to interview with pending divorce application in court.

we still live together and we have 4 year old son.

 

What are my options?
Is my N400 application will be in trouble?

[Lil bear 4,181]

7 minutes ago, Dexter8 said:

My N400 application is in process (currently showing 2 months of estimated time) and my wife filed for divorce last week

As waiting period is 6 months for divorce , I will be still legally married to her if I appear to interview with pending divorce application in court.

we still live together and we have 4 year old son.

 

What are my options?
Is my N400 application will be in trouble?

Skirting a line that I wouldn’t be getting close to…   Is it worth the worry and possible rejection? I would be withdrawing the N400 and refiling under the 5 yr timeframe when that comes round. Safe and easier all round 

[Crazy Cat 41,770]

12 minutes ago, Dexter8 said:

Is my N400 application will be in trouble?

Yes

[Dexter8 0]

Lil Bear 

I didn’t get you

[discoverusa 258]

If you have an I751 pending together with N400, I would concentrate on I751 before you worry about Citizenship. 

[Dexter8 0]

What do you mean by concentrating on I751 ? What are you suggesting 

[mam521 2,052]

12 minutes ago, Dexter8 said:

Lil Bear 

I didn’t get you

If you've applied under the 3 year rule, yes, your application is potentially in jeopardy.  Pull your application, wait until you qualify under the 5 year rule and reapply.  You don't want to create unnecessary flags and call into question obtaining citizenship at all by trying to do it under the 3 year rule.  

[OldUser 6,585]

Your best option is to not naturalize under 3 year rule.

 

Also, you need to convert I-751 petition from jointly filed to divorce waiver.

 

Leaving everything as is and attempting naturalization based on marriage can cause issues now or later in life.

Edited November 4 by OldUser

[Dexter8 0]

Ok thanks 

[Lil bear 4,181]

1 hour ago, Dexter8 said:

Lil Bear 

I didn’t get you

Yes it is very likely you will be refused. It may slip through but that will be an error and leaves you open to action in the future if the dates are re-examined      You should be refused as the divorce  may not yet finalised but it is no longer a bonafide marriage because the divorce  is in process. 
 

Withdraw the N 400

 

Reapply under the 5 year rule once you are 90 days out from being an lpr for 5 years 

[Lil bear 4,181]

1 hour ago, Dexter8 said:

What do you mean by concentrating on I751 ? What are you suggesting 

Have you already been all the way through the removal of conditions? Do you have a GC with the expiry 10 years from issue .. or are you still waiting for ROC (I751) to be approved ? 
 

We really are trying to answer a question without knowing what your timeline / status is. Fill in the timeline otherwise it’s almost impossible to give you clear correct answers. Too many variables. 

Edited November 5 by Lil bear

[Dexter8 0]

My I751 is still pending, I became eligible for naturalization that is the only reason I applied 

I am not doing anything wrong with my immigration 

[Lil bear 4,181]

7 minutes ago, Dexter8 said:

My I751 is still pending, I became eligible for naturalization that is the only reason I applied 

I am not doing anything wrong with my immigration 

You are only eligible for naturalization if , at the time of both your interview and oath, you 

1 Remain in a bonafide cohabitating marital relationship to the spouse who petitioned for you

AND

2. You have been a lpr for 3 years

AND

3 You have completed ROC and are now an unconditional LPR

 

Filed divorce papers wipes out 1.
Non yet completed ROC wipes out 3. 

 

Without all 3 conditions being met, you cannot use the 3 yr rule

 

Your only path to citizenship is that you  MUST complete ROC using a divorce waiver. Then you can apply under the 5 year rule. 
 

Please fill out your timeline if you want more help. 

Edited November 5 by Lil bear

[Dexter8 0]

Ok good to know thanks 

 

[kzielu 1,149]

14 hours ago, Dexter8 said:

My I751 is still pending, I became eligible for naturalization that is the only reason I applied 

I am not doing anything wrong with my immigration 

 

You are - you applying under 3 year rule while your marriage effectively doesn't exist anymore. I was asked during naturalization interview if I still live and am in a relationship with my wife - it's not just a simple fact of being married. Your best option is to withdraw N400.