Applyying N-400. Family status

[rahulny]

I-751 receipt date : 10/2001
Did not receive the approval yet.

Can I apply for N-400 based on 3 years of PR.

If so, what happens if there is a separation in marraige. Would you be automatically be invalid for citizenship and continue as a GC.

Thanks in advance.

- Rahul

 

[JohnR]

marriage to US citizen = 3 years\' residence to apply for citizenship

If a permanent resident has been married to US citizen for 3 years and a permanent resident for 3 years he/she may apply for naturalization. However, if a divorce and/or marital separation occurs the permanent resident is then subject to the normal 5 year period of permanent residence. the shorter period is dependent upon marriage and marital union with the US citizen spouse.

If the green card is based upon family union (spouse of US citizen), a divorce may impact upon the I-751 in the case of conditional residence, when you file it with explanationof the breakup of the marital union. If the I-751 (if needed) is approved, the green card is permanent. The primary/sole impact of divorce upon naturalization is the need to have 5 years\' residence.