divorce and applying for citizenship

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cantxcheatxtime

New Member
I was married for four years to a U.S. Citizen, and I'm currently separated. Can I apply for naturalization before I've officially filed for divorce (I can file for divorce in February)? Is it better to apply after the divorce is final? Is there anything I should know?
 
If you are applying based on 5 years as an LPR, the divorce is only relevant if the decree will grant you a name change. What will be the basis for filing an N-400 and how did you get your greencard?
 
I'm applying based on three years of marriage to a U.S. citizen. I obtained my permanent residency by marrying a U.S. citizen (born in the U.S.). Our marriage fell apart in the past year and we're now separated.
 
cantxcheatxtime said:
I'm applying based on three years of marriage to a U.S. citizen. I obtained my permanent residency by marrying a U.S. citizen (born in the U.S.). Our marriage fell apart in the past year and we're now separated.
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You do not qualify under INA 319(a) because you cannot show a valid marital union that has lasted at least 3 years AND continues all the way through Oath. To apply now exposes you to greater scrutiny of the marriage and possible revocation of status and removal. To attempt to file now and LIE about the marital union would be fraud and even if successful, could result in denaturalization and removal later on down the road.

If the marriage was still OK when conditions were removed or had lasted long enough to skip conditional status then just wait it out and apply based on 5 years LPR.
 
You have to be frank when you apply for citizenship. To answer to your question I wanna know did you get your GC through marriage? Did you complete 3 year after you granted your GC? Did you completed 3 years of marriage? Are confident that in case the interview officer wanna talk to your spouse she/ he will come with you and say truth about your relationship, then there is no problem. Otherwise, wait for 5 year to complete your GC. It's very simple. Is'nt not?
 
Marlia53 said:
. To answer to your question I wanna know did you get your GC through marriage? Did you complete 3 year after you granted your GC? Did you completed 3 years of marriage? Are confident that in case the interview officer wanna talk to your spouse she/ he will come with you and say truth about your relationship, then there is no problem.
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The marital union requirement must be met up until oath, even if the OP has already been married for 3 years. A separation such as the OP's (living apart due to marital difficulty) essentially disqualifies the OP under 3 year rule.
 
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