Divorce while N 400 is pending

prok

New Member
I am at cross road, I filed N 400 thinking we will both settled our differences and peace will be return as am very much in love. But sad enough few days to biometric appointment, our divorce became final. Well, we were legally married when I filed. I am contemplating if I should withdraw my application by sending them final divorce decree and ask if I can get a refund or I should just wait till interview date to explain my situation? I need counseling please
 
I am at cross road, I filed N 400 thinking we will both settled our differences and peace will be return as am very much in love. But sad enough few days to biometric appointment, our divorce became final. Well, we were legally married when I filed. I am contemplating if I should withdraw my application by sending them final divorce decree and ask if I can get a refund or I should just wait till interview date to explain my situation? I need counseling please
Did you file under the 3-year rule or 5-year rule?
 
Filed under 3yrs rule. Got married 2015, my conditional card 2016 and 10yrs just in January 2020
 
Filed under 3yrs rule. Got married 2015, my conditional card 2016 and 10yrs just in January 2020

Unfortunately you will be unable to naturalize at this stage then, the 3 year rule requires that you remain married until you take your oath. See https://www.uscis.gov/sites/default/files/policymanual/updates/20181012-MaritalUnion.pdf : “...termination of the marriage at any time before the applicant takes the Oath of Allegiance for naturalization makes the applicant ineligible under INA 319(a).” This policy alert links to the manual which also makes clear this applies even if you divorce after the N400 application is filed.

I do not think you will be able to get a refund on the fee, but I guess there is no harm in asking.
 
Thanks, if I have to reply in the future, can I stil make reference to the fees if am not refunded?
 
Thanks, if I have to reply in the future, can I stil make reference to the fees if am not refunded?

I don’t believe so. Normally uscis will only refund fees if they have made an error. A new application will require new fee payment.
 
Got it, in that case I might as well wait to witness the interview, at the interview, I will explain all , who knows I might be good to go because it will actually be my fifth year by next year.
 
No you will not be issued with a refund. You will need to pay a new filing fee when you file based on 5 years anniversary. Your current filing will most definitely be denied as you no longer meet the requirements for 3 year rule. Trying to explain your situation at the interview will not make any difference. So you might as well go ahead and withdraw the petition now. Sorry about your divorce, and sorry the filing fee is gone.
 
Top