Divorce and travel after filing N-400. What should I do?

Hello,
I am a Legal Permanent Resident. I obtained my LPR via adjustment of status by marriege to my US Citizen spouse. We married on Jan 2017. We went through the Green Card process without any issues and I received my 2-year conditional Green Card on Dec 2018. I later filed 1-751 to remove conditions on residence and I finally received my Permanent Green Card on Feb 2021.

Even though our marriage has had it ups and downs, we were in love and have always been in a legitimate relationship. Honestly, we have not been getting along at all during the past year, but we were always able to reconciliate and I always thought we were going to rekindle our marriage and stay together. We have never physically abused each other, just yell back and forth and stop talking for a few days. So, with this in mind, I went ahead and filed my N-400 on March 2022, following the three year rule for Permanent Residents via marriage. The N-400 application is on course and it currently shows as processing in the USCIS system with an approximate waiting period of 11 months.

This is where it gets tricky: We just had a major argument in mid May and she has decided to put an end to our marriage. I've tried to talk her into working it out, but she says she's done and doesn't want to stay married anymore nor until I become a citizen. She is adamant in getting a divorce asap. I have asked her to give me some time to figure out the best legal course of action. But a divorce is imminent within the next few months. In addition to this, due to work and family events, I will be traveling abroad for a period of 4-5 months: From sep 2022 to Jan 2023.

What would be the best course of action here?
Should I contact USCIS and withdraw my N-400? If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.? Should I be thinking in getting an i-131 advance parole before I leave the United States?

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...
 
Hello,
I am a Legal Permanent Resident. I obtained my LPR via adjustment of status by marriege to my US Citizen spouse. We married on Jan 2017. We went through the Green Card process without any issues and I received my 2-year conditional Green Card on Dec 2018. I later filed 1-751 to remove conditions on residence and I finally received my Permanent Green Card on Feb 2021.

Even though our marriage has had it ups and downs, we were in love and have always been in a legitimate relationship. Honestly, we have not been getting along at all during the past year, but we were always able to reconciliate and I always thought we were going to rekindle our marriage and stay together. We have never physically abused each other, just yell back and forth and stop talking for a few days. So, with this in mind, I went ahead and filed my N-400 on March 2022, following the three year rule for Permanent Residents via marriage. The N-400 application is on course and it currently shows as processing in the USCIS system with an approximate waiting period of 11 months.

This is where it gets tricky: We just had a major argument in mid May and she has decided to put an end to our marriage. I've tried to talk her into working it out, but she says she's done and doesn't want to stay married anymore nor until I become a citizen. She is adamant in getting a divorce asap. I have asked her to give me some time to figure out the best legal course of action. But a divorce is imminent within the next few months. In addition to this, due to work and family events, I will be traveling abroad for a period of 4-5 months: From sep 2022 to Jan 2023.

What would be the best course of action here?
Should I contact USCIS and withdraw my N-400? If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.? Should I be thinking in getting an i-131 advance parole before I leave the United States?

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...
For the others I'm not sure but they can't refuse you entry back into the US because you are divorced. Your greencard carries no condition so you are fine. The fact that someone divorced u doesn't mean u are not allowed to stay here especially if you have a full greencard without any condition
 
You don’t need (can’t get) advance parole if you have a green card. There is no reason for you not to travel for a few months as a LPR. Bear in mind the 6-month absence threshold for continuous residence for N400 and the one-year absence threshold for deemed abandoning your green card.
There will be no prejudice against you from withdrawing your n400, which you correctly understand you cannot complete under the three year rule if you are not still married to your spouse, and resubmitting another application later once you have qualified under the 5-year rule.
 
You can keep the N-400 until your divorce is final. You are required to be "living in marital union" for the 3 years before filing, but you are not required to be "living in marital union" between filing N-400 and taking the oath -- you are only required to be married during that time. So even if you are in the middle of divorce, as long as the divorce is not final yet, your N-400 can still be approved and you can still take the oath. There is no downside to not withdrawing it for now, and waiting to see if naturalization happens before the divorce is final, even if it is unlikely.
 
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