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marital status in n-400 in case of divorce in process
- Thread starter bobus
- Start date
Jackolantern
Registered Users (C)
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.
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.
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.
Thanks. Its not based on 3 years of marriage to a USC. Married sounds correct.
What should be the marital status in n-400 if divorce is in process?
You can select "Other" on N-400 and indicate seperated.
sanjoseaug20
Registered Users (C)
what do you mean by "update them about it at the oath"?
When you take oath, you are supposed to answer a questionnaire about some material facts which might have changed since the interview and could have impacted the approval if such facts had happened before the interview. So when hand over the oath letter, you state it as such on the relevant question. They will ask you further questions depending on whether they consider it an issue or not. For example, it the case is 5 year ... not based on marriage, they may not care and let you continue, or ask questions if it was based on marriage.
Jackolantern
Registered Users (C)
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.
Better to pick "married" and say/write nothing more about the state of the marriage unless specifically asked. This is not a 3-year marriage case where the separation or pending divorce would inherently be a material fact.
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?
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.
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?
There are 8 questions on the oath letter you must answer. Even if the oath is the same day questions still applies.
If one's oath is 2 hours after the interview, the applicant can still commit a crime or offense dur the 2 hour period.
marie_travel
Registered Users (C)
If divorce is in process, the couple is likely living separately. On the N400 form, if you put down that you are married (but divorce is in process), then you gotta list YOUR address and the spouse's address. Doesn't the interviewer see right there that the couple is NOT living together? Isn't that a red flag right there? 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?
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?
It is OK if the marriage was in good faith at the time of getting the GC and removal of condition on the GC but turned bad later after that. The only issue is who to have the birden of proof? The applicant bear the biurden of proof that marriage was genunine at the time of GC or the USCIS bear the birden of proof that the marriage was a fraud?
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.
Put it this way: if legal papers have already been filed for the divorce, USCIS can easily view them via public records search thereby increasing your chances of getting in trouble if you stand firm by claiming married on application, even after IO asks you at interview. Now whether USCIS would go to such extremes for a non-marriage based application is another question. In the end, the decision is yours on what route to follow.
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?
poongunranar
Registered Users (C)
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.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?
poongunranar
Registered Users (C)
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.
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.
Checking other box and indicating "separated" would be the way to go.