Pick Married.
If the divorce is completed before the interview, update the interviewer about the divorce.
If the divorce is completed between the interview and oath, update them about it at the oath.
If you are planning to apply based on 3 years of marriage to a USC, don't apply. A pending divorce automatically disqualifies you from the 3-year marriage option.
What should be the marital status in n-400 if divorce is in process?
what do you mean by "update them about it at the oath"?
Bad idea. That is unnecessarily volunteering information and it can lead to a line of hostile questioning, especially if the GC was obtained via marriage.You can select "Other" on N-400 and indicate seperated.
If the OP is legally seperated it can be used as a material fact to demonstrate GMC if the OP claimed married instead on application regardless of if it's a 5 year application or however the GC was obtained. Do you suggest that signing a sworn statement on N-400 claiming to be married when in fact one is legally seperated and undergoing divorce proceedings is a good idea?Bad idea. That is unnecessarily volunteering information and it can lead to a line of hostile questioning, especially if the GC was obtained via marriage.
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If the OP is legally seperated it can be used as a material fact to demonstrate GMC if the OP claimed married instead on application regardless of if it's a 5 year application or however the GC was obtained. Do you suggest that signing a sworn statement on N-400 claiming to be married when in fact one is legally seperated and undergoing divorce proceedings is a good idea?
the only questionnaire I know aboutis the one you fill out before interview for update purposes. there's another one before oath? what if you are getting handed oath letter same day after interview?
I understand that they don't care about your marriage if you file under the 5 year rule, but if you obtained your GC through marriage, will that be a problem?
Not legally separated. Its not a transition from legal separation (where separation is approved by court) to divorce. Just divorce. Also, GC is not based on marriage.
I believe that until divorce decree is issued, the legal status is married. So, married sounds correct in n-400.
In OP's case, the GC isn't marriage based, but it doesn't stop USCIS from seeking consistency in the answers (for GMC determination) that were provided on N-400. In the OP's case this can easily be overcome by clarifying to IO at interview what the current status of marriage is... but if you obtained your GC through marriage, will that be a problem?
The applicant would still have to disclose separation at interview.So, what about this case wherein the divorce process was launched AFTER filing N-400 process and the divorce was NOT yet finalized at the time of interview?
The applicant would still have to disclose separation at interview.
Even if it's a 5-year case? I think so too. However, there isn't a "Separated" status in the form, other than "Other" column.