Ceremony of Naturalization - Divorced

[kinpal80]

I am having the ceremony of naturalization this coming Wednesday November the 28th. I have the form N445 and It has the question "since your interview, have you married or been widowed, separated or divorced?" which I did not, but I did get divorced two months before the interview, but I was not asked about that on the interview they just asked me for my marriage certification which I gave to them. I have been married for almost 5 years and I have been a resident for more than 4 years. This is very weird and confusing questions since I did not change anything on my life after the interview, so I guess that my answer would be no to te question, but I do not know if I am still eligible to become citizen or if I have to wait until the 5 years as a resident.

Thanks so much for any help.

 

[newacct]

Didn't they go through your form answers with you during the interview?

In any case, you cannot naturalize under the 3-year rule if your marriage terminated prior to taking the oath. So you definitely need to inform them about this and cannot go through with the oath. See Section D in Volume 12 Part G Chapter 2 of the USCIS Policy Manual:

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance.

An applicant does not meet the married and “living in marital union” requirements if:
•The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

Accordingly, such an applicant is ineligible to naturalize as the spouse of a U.S. citizen if the divorce or annulment occurs before or after the naturalization application is filed.

 

[kinpal80]

Thank you for the answer, what I remember is that we went through all the questions about if I tried to bring guns or questions like that. They never asked my marriage status and I did the the test after that. I guess that I am gonna need to go tomorrow and let them know that I am not married any more. Can I apply again in 9 month when I have 5 years as a resident if I do not go to the ceremony or do I still need to go even when I am not eligible for the 3 years anymore?

 

[Sm1smom]

It was your responsibility to inform your interviewer you’re now divorced when they asked for your marriage certificate. Their assumption was you were still married, and if your situation had changed, you were supposed to inform and present your divorce certificate.