moved out after filing N-400

A

aarahang

New Member
I filed N-400 base on marriage (4 years 7 months) in May.2010, moved out to live in other apartment in Jun.2010 and we tried to work and reconcile our relationtionship. I had interviewed with IO and past the test, but the officer needs more document; a sworn letter from a husband that showing we are living together, tax transcripts...my husband feels uncomfortable to says we live together 100% becuase we just live and do things together sometimes when we need and feel want to...

what should I do? should I withdraw my application?
 
Married and living together are the conditions to file on 3 years basis, absence of either one throws you out of that category.
 
so, how can I withdraw my application? is it a form or just a writing letter.
Should I send all other document that IO requesed as well?
 
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If you're going to withdraw, don't submit the other documents. You'll just confuse them and they might ignore both.

How long has it been since your green card was initially approved? Is it 4 years 7 months like you mentioned in your first message above, or did you mean you've been married for 4 years and 7 months?
 
Sep.20th,2010 was my 5th year of green card
my fear is I went for interview and IO asked for documents..if I do not submit them..he might think that my marriage is fraud..
 
aarahang said:
Sep.20th,2010 was my 5th year of green card
my fear is I went for interview and IO asked for documents..if I do not submit them..he might think that my marriage is fraud..
Click to expand...
You mention you tried to reconcile your relationship. Unless you actually reconciled by now, you no longer qualify under 3 year rule.
Also, eventhough you now qualify under 5 year rule, you can't request to change existing application to 5 year rule since you originally didn't qualify under 5 year rule.
 
aarahang said:
Sep.20th,2010 was my 5th year of green card
my fear is I went for interview and IO asked for documents..if I do not submit them..he might think that my marriage is fraud..
Click to expand...

What he thinks won't matter if your case is withdrawn. I presume your marriage was not a fraud, your I-751 has already been approved, and you have been married for over 5 years, so he has to do much more than "think" it is fraud if he's going to try to cancel your green card.
 
aarahang said:
Sep.20th,2010 was my 5th year of green card
my fear is I went for interview and IO asked for documents..if I do not submit them..he might think that my marriage is fraud..
Click to expand...

Withdraw your N400 application, you don't qualify under the marriage-based category. Your husband has a right to feel uncomfortable, you are asking him to be complicit in an illegal act, falsify the record and state of your marital relations. If you want to have a life of success in the US, USCIS is one agency you don't want to mislead, you can wait till you are eligible under the 5 year category which won't need your husband assistance. If you withdraw your applications, you don't have to give them any reason, and the IO can't think of anything to accuse you of.
 
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