N-400 and filed divorce

poska

New Member
Greetings all -

I have been married to USC for over 10 yrs, and got by GC in 2002. Never filed for citizenship. Last my spouse filed a petition for a divorce. Should I file my N-400 based on 5-yr residency, rather than 3-yr + marriage rule? I doubt the divorce will come through faster than at least one yr (I have a feeling it will be some ugliness). In fact, there is a good chance that my interview would come before the final decree of divorce, so I technically will still be married. Should I worry about the divorce papers later, and not burden Immigrations with that at all?
 
There generally tends to be less headaches associated with filing based on the 5 year rule...especially in your case!
 
If you are eligible based on 5 year residency and 3 year residency+marriage, choose 5 year residency. Much less paperwork to deal with and the divorce angle is not going to matter.
 
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