Do I need to withdraw my N-400? Separation caused by domestic violence from a U.S. citizen.

Judyishere

Judyishere

New Member
My husband and I have been married for just over four years. Recently, there have been some serious issues in our relationship. So I have a domestic violence report and restaining order to against my husband, I am considering separation from my husband for safety reasons.

I submitted my N-400 application about five months ago, and my 10-year green card application was submitted 17 months ago.

Do I need to withdraw my N-400?
 
Judyishere said:
My husband and I have been married for just over four years. Recently, there have been some serious issues in our relationship. So I have a domestic violence report and restaining order to against my husband, I am considering separation from my husband for safety reasons.

I submitted my N-400 application about five months ago, and my 10-year green card application was submitted 17 months ago.

Do I need to withdraw my N-400?
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The requirement for n400 is to have been living in marital union for 3 years as at the date of filing. You do not need to still be in marital union at the time of interview. However, in order to still naturalize using the 3-year rule of marriage to a USC, you need to still be married as at the date you take the oath. So it depends on whether you think you will be divorced by then or not. If you are still married but separated, be sure you can document /prove that you meet the marital union requirement as at the time of filing.
See section D, part 1 here https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2
 
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