Divorce proceedings and application for US Citizenship

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seekinguscis

Registered Users (C)
I am married to a US Citizen (April 2005) and am a LPR since August 2006.

My wife applied for divorce in March 23, 2010. We have a child 5 year old. She moved out from our apartment in early March 2010. We are going to be in the "discovery" phase for 30 days until end of April, 2010.

I want to file for US Citizenship. I have all papers ready to submit, except the "Pay stubs" of my wife. I am self employed. I have a varifiable US business or LLC, I have IRS document to prove that. I have three years tax returns from IRS.

I have all documents to submit, what are my chances? Will I face problems if I do not submit my wife's pay stubs?

What are my chances? Please advise, thanks.
 
seekinguscis said:
I am married to a US Citizen (April 2005) and am a LPR since August 2006.

My wife applied for divorce in March 23, 2010. We have a child 5 year old. She moved out from our apartment in early March 2010. We are going to be in the "discovery" phase for 30 days until end of April, 2010.

I want to file for US Citizenship. I have all papers ready to submit, except the "Pay stubs" of my wife. I am self employed. I have a varifiable US business or LLC, I have IRS document to prove that. I have three years tax returns from IRS.

I have all documents to submit, what are my chances? Will I face problems if I do not submit my wife's pay stubs?

What are my chances? Please advise, thanks.
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Since you're going through a divorce, you are not eligible to apply on the basis of being married to a U.S. citizen for 3 years. You will be able to apply sometime in May 2011 (5 years minus 90 days).
 
Divorce has not happened "YET", my attorney says, the "Discovery" phase is going on which will end around end of April, 2010. Divorce may take more than 90 days from March 23, 2010. So "Technically speaking" I am still married to a US Citizen, right or wrong? Please advise, thanks.
 
Once either spouse files for divorce, or you become separated without an acceptable explanation*, you are automatically disqualified from obtaining citizenship via the 3-year rule even if the divorce is not finalized.


*e.g. military deployment, temporary work relocation
 
seekinguscis said:
Divorce has not happened "YET", my attorney says, the "Discovery" phase is going on which will end around end of April, 2010. Divorce may take more than 90 days from March 23, 2010. So "Technically speaking" I am still married to a US Citizen, right or wrong? Please advise, thanks.
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Since you're applying under 3 year rule, you must be marital union up until the oath date. You may still be legally married now, but that is not sufficient. Since she already moved out and she already filed the legal paperwork, you are facing a denial if you apply now.
 
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