Married vs Separated vs Divorced

S

saf

Active Member
I have an interview on June 12. I have been separated for a year (divorce paperwork is pending - almost done).

I have stated that I am married in my N-400 application even though I am separated. N-400 didn't ask if I am separated. N-400 checkboxes shows only 1) Single, never married, 2) married, 3) divorced and 4) widowed. I do have my marriage certificate and court paperwork (absolute divorce). It has not been finalized yet and still pending. Will it affect my interview process or delay the process? What can I say to the officer if s/he asks about my marital status? should I say that I am still married? Note: my category is not marriage-based category, just 5 years category (got my gc thru employer).

Thanks.
 
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You're still officialy married - correct? Until you get your divorce - you're married. This shouldn't affect your app at all, since it is not marriage based. Evan if it was marriage based - you're still in marriage. (technically)
 
im50 said:
You're still officialy married - correct? Until you get your divorce - you're married. This shouldn't affect your app at all, since it is not marriage based. Evan if it was marriage based - you're still in marriage. (technically)
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ok. thought so. I was just worried. Yeah, I am still married. thanks :)
 
USGC485 said:
ok. thought so. I was just worried. Yeah, I am still married. thanks :)
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I am no expert on this but I thought the fact that you are undergoing a divorce can impact your application in that the IO would want to see a final divorce decree.

I believe this has something to do with ensuring that you are making any necessary support payments, although if you are not yet divorced you may not have support payments. I would be interested to see if there are other applicants who have been in the middle of a divorce during their naturalization procedures, and what the impact was on their cases.

Can you post the outcome once you have your interview? Good luck.
 
If on 6/12 your divorce is pending - by law you are still married. So if asked at the Interview tell the officer you are Married. I would not bring up the information about a pending divorce since it is not relevant in your case.

If your divorce is FINAL on or before 6/12, take the original decree and a copy to your interview. Change the response to question and present the divorce decree.

Hope this helps.

USGC485 said:
I have an interview on June 12. I have been separated for a year (divorce paperwork is pending - almost done).

I have stated that I am married in my N-400 application even though I am separated. N-400 didn't ask if I am separated. N-400 checkboxes shows only 1) Single, never married, 2) married, 3) divorced and 4) widowed. I do have my marriage certificate and court paperwork (absolute divorce). It has not been finalized yet and still pending. Will it affect my interview process or delay the process? What can I say to the officer if s/he asks about my marital status? should I say that I am still married? Note: my category is not marriage-based category, just 5 years category (got my gc thru employer).

Thanks.
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Thanks, yummyk and p4spooky. I will post the the outcome.

I hope to get a divorce decree on Tuesday as we will have 10 minute hearing at the court. After one year of separation, we signed, submitted, and notarized the lawyer-prepared 35 pages martial agreement including no support payments, alimony, or anything along with the petition for absolute divorce to the court via our lawyer. We have no kids.

My divorce lawyer advised me "If I were you, my divorce is still pending and I am asked at the interview, just say I am married and give a copy of marriage certificate. You are still married by law because divorce hasn't been finalized yet." That's what I thought so like p4spooky said.
 
Yes, Triple_Citizen. I am applying under the 5 year rule (I got my gc thru my sponsoring employer).
 
It really does not matter how you got your GC. Had you been living with your US spouse for 3 years, you could have gone through the 3 year route if you wanted to. Since you are going the 5 year route, your marital status should not affect your N-400 process.

USGC485 said:
I am applying under the 5 year rule (I got my gc thru my sponsoring employer).
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ok thanks, Triple Citizen. Actually my spouse is a US permanent resident who got gc thru me (I was a primary applicant - sponsored by my employer for my gc.) so I am applying under 5 year rule. yeah, I doubt it will affect my N-400 process (it is not relevant for 5 year rule/category).

Thanks for your advices.
 
Not true

yummyk said:
I am no expert on this but I thought the fact that you are undergoing a divorce can impact your application in that the IO would want to see a final divorce decree.

I believe this has something to do with ensuring that you are making any necessary support payments, although if you are not yet divorced you may not have support payments. I would be interested to see if there are other applicants who have been in the middle of a divorce during their naturalization procedures, and what the impact was on their cases.

Can you post the outcome once you have your interview? Good luck.
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I don't agree with you here, I am sorry. Like others mentioned, this is not a marriage based N-400 case plus the divorce has not even been finalized yet. The couple could still work things out and get back together. I happen to know a friend of mine who was serperated from his wife for almost 2 yrs and they are now back together.

If the IO asks you about your marriage, yes legally you are married and that is the truth. Please answer what you have been asked, just to the point....nothing less nothing more and you'll be fine.
 
Atlanta_Brother said:
I don't agree with you here, I am sorry. Like others mentioned, this is not a marriage based N-400 case plus the divorce has not even been finalized yet. The couple could still work things out and get back together. I happen to know a friend of mine who was serperated from his wife for almost 2 yrs and they are now back together.

If the IO asks you about your marriage, yes legally you are married and that is the truth. Please answer what you have been asked, just to the point....nothing less nothing more and you'll be fine.
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Yeah, that's entirely true. As I mentioned, I have heard of IOs asking for proof of support payments, but that is only when an applicant is already divorced. If you are undergoing a divorce, perhaps that is not a relevant issue. In fact the only way it might even come up is if your address and your spouse's address are differnt on the application.
 
Thanks, chitown08.

yummyk, spouse's address and applicant's address on application won't affect applicant's N400 process if they are legally married (even though divorce peitition is pending) and applicant is applying under 5 year rule. For example, applicant studies in college in Washington, D.C. and spouse works/lives in Boston (both are not divorced yet). will an officer ask for proof of support payment? It doesn't make sense. Or spouse lives in another country and applicant lives in usa (both are not divorced yet), will an officer ask for support payment? It is not an issue either. It will be an issue only after divorce.
 
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Well said

USGC485 said:
Thanks, chitown08.

yummyk, spouse's address and applicant's address on application won't affect applicant's N400 process if they are legally married (even though divorce peitition is pending) and applicant is applying under 5 year rule. For example, applicant studies in college in Washington, D.C. and spouse works/lives in Boston (both are not divorced yet). will an officer ask for proof of support payment? It doesn't make sense. Or spouse lives in another country and applicant lives in usa (both are not divorced yet), will an officer ask for support payment? It is not an issue either. It will be an issue only after divorce.
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I can't add anything more to what you just said. Well said.
 
USGC485 said:
Thanks, chitown08.

yummyk, spouse's address and applicant's address on application won't affect applicant's N400 process if they are legally married (even though divorce peitition is pending) and applicant is applying under 5 year rule. For example, applicant studies in college in Washington, D.C. and spouse works/lives in Boston (both are not divorced yet). will an officer ask for proof of support payment? It doesn't make sense. Or spouse lives in another country and applicant lives in usa (both are not divorced yet), will an officer ask for support payment? It is not an issue either. It will be an issue only after divorce.
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Very well put. Thanks for clarifying this.
 
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