Applying for citizenship while divorce pending

[ronen4]

Hello,

I have had my permanent green card for 5 years and a couple of months.
I filled for divorce 2-3 months ago.
I have been out of the country for about a month or two every year for the past 5 years.

1. can and should I apply while my divorce is pending and do i file as single/divorced or married?
2. How long is it from the time I file until i get my passport and can leave the country for 6-8 months?
3. can I leave for 3 months and apply when I return, would that be a problem that I left recently?
4. can I leave while the case is pending?

thanks and good luck to all of you!

 

[rick92]

1. Married. Yes, you can apply.
2. It depends on the DO. No, no more than 6 months outside unless you have a permit.
3. Yes, no problem.
4. Yes, no problem. If somebody can receive your mail.

Hello,

I have had my permanent green card for 5 years and a couple of months.
I filled for divorce 2-3 months ago.
I have been out of the country for about a month or two every year for the past 5 years.

1. can and should I apply while my divorce is pending and do i file as single/divorced or married?
2. How long is it from the time I file until i get my passport and can leave the country for 6-8 months?
3. can I leave for 3 months and apply when I return, would that be a problem that I left recently?
4. can I leave while the case is pending?

thanks and good luck to all of you!

 

[Bobsmyth]

Hello,

I have had my permanent green card for 5 years and a couple of months.
I filled for divorce 2-3 months ago.
I have been out of the country for about a month or two every year for the past 5 years.

1. can and should I apply while my divorce is pending and do i file as single/divorced or married?

You would file as married if the divorce is not finalized. At the interview you would bring divorce decree.

2. How long is it from the time I file until i get my passport and can leave the country for 6-8 months?

Depending on area, the average wait is about 5-7 months to obtain naturalization. After that, passport can be obtained same day if urgent travel is needed.

3. can I leave for 3 months and apply when I return, would that be a problem that I left recently?

Yes, you can leave for 3 months, no it would not be an issue (unless the purpose of your trip shows an intention to give up residential ties)

4. can I leave while the case is pending?

thanks and good luck to all of you!

You can leave during process, but you risk missing FP or IL appointment if you leave for more than a few weeks at a time. Also, you risk presumption of continuous residency break if you leave for more than 6 months.

 

[sportsfan]

1. Yes, you can apply and choose "married," since divorce is still pending. If your divorce is finalized before your interview, take your original divorce decree with you. If not, just take the evidence that you filed for divorce.

2. It depends. For regular service, US passport should arrive within 3-4 weeks. If you need it much sooner, there are express service available that will deliver your passport within 3-4 days. Of course, it will cost much more. Do a web search to find expedite services.

3 & 4. Only problem would be that USCIS will schedule your biometrics (fingerprints) within 1-2 months from your N-400 submittal. Perhaps, the better idea is to complete the biometrics and then receive the interview letter. You can leave after you know your interview date and come back to attend the interview.

Hello,

I have had my permanent green card for 5 years and a couple of months.
I filled for divorce 2-3 months ago.
I have been out of the country for about a month or two every year for the past 5 years.

1. can and should I apply while my divorce is pending and do i file as single/divorced or married?
2. How long is it from the time I file until i get my passport and can leave the country for 6-8 months?
3. can I leave for 3 months and apply when I return, would that be a problem that I left recently?
4. can I leave while the case is pending?

thanks and good luck to all of you!