3-year rule, divorce papers after filing?

S

santa_vik

Registered Users (C)
Good morning,

I got my GC through bona fide marriage to USC. We've been married for almost 4 years now. I got GC a year after the marriage. I filed for naturalization 3 years minus 90 days after GC date. I got divorce papers served a month after that.(2 years and 10 months after GC date,but still married more than 3 years) We still live together and I ll probably get divorce finalized after my oath date.

So,

Since I was eligible for naturalization at the time of the filing,
am I gonna be ok if I stay married and live with her until after oath?

Thank you for future replies!!hopefully..
 
Divorce filing automatically disqualifies you from being eligible under the 3 year rule. It doesn't matter if you are still legally married at the interview and oath, and it doesn't matter if the divorce was filed after you applied for citizenship. It kills your application if the divorce papers were filed any time before the oath.
 
santa_vik said:
Since I was eligible for naturalization at the time of the filing,
am I gonna be ok if I stay married and live with her until after oath?
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You need to be in a martial union up until oath. If you have been served divorce papers, this has caused a break in martial union thereby making you ineligible for naturalization. Withdraw your application and resubmit it when you are are eligible under 5 year rule.
 
I like to ask a question based on this post. what if the applicant still remain married and no divorce papers has been filed and the wife refused to attend the interview with the husband who in this case is the applicant but rather agreed to be with the husband pending his naturization process is over with before she file for divorce. to make it clear, they both want a divorce but agree to stay together untill all the process of naturization is over. can the applicant go alone to the interview even though he filed under the married rule.
 
yes, serving divorce papers complicates the process, however, it does not automatically mean that they are divorced.

Of course, it could have been better, if there was no such a event before the Oath.

You can go alone...but have to be truthful about the status of your marriage if asked during the interview.
 
santa_vik said:
Doesn't CFR 319 specify marital union until filing date? Any thoughts?
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Marital union must be kept until oath.

(2) Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen
 
N-400_2009 said:
... to make it clear, they both want a divorce but agree to stay together untill all the process of naturization is over. can the applicant go alone to the interview even though he filed under the married rule.
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Wouldn't this be considered fraud? There is a question on N400 - Have you lied to get an immigration benefit. And you are lieing that you are in a maritial union with your soupse since both of you want a divorce. If USCIS discovers this, you will be in lot more trouble than having to wait 2 more years to file N400.

Spouse is not required during the interview, if during the interview you are not able to provide sufficient proof of a bonafied marriage then you may be asked to come back with your spouse.
 
Bobsmyth said:
Marital union must be kept until oath.

(2) Loss of Marital Union—(i) Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen
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Strictly speaking, it says divorce not filing divorce papers
 
WBH said:
Strictly speaking, it says divorce not filing divorce papers
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Filing divorce papers constitutes break in marital union.

(ii) Separation—(A) Legal separation. Any legal separation will break the continuity of the marital union required for purposes of this part.
 
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