N-400 Citizenship application with a Divorce case pending under 5 year rule

blueyeti1881

New Member
I have 10 year green card and I am qualified to file for N-400 citizenship under 5 year rule but my divorce case is pending in court. Can i apply for N-400 while my divorce case is still pending in court. What should i choose in N-400 form as divorced or separated ?
 
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I have got close to a similar experience

Filed first I-130 and I-485 October 2016
Green card received August 2016
Divorced February 2017
Married 2nd spouse August 2018
Filed I-751 to remove condition 2019
Filed N400 and May 19, N400 received
N400 interview scheduled November 7. 2022
Attended interview December 12, 2022 and it was cancelled after 10 minutes with a very unfriendly officer who requested more evidence (bank statements) I told him that I don’t have anyone docs I did already sent in all what I have and I can’t promote to bring what I don’t have
Two weeks later I received a notice to deny and I have been waiting for USCIS to send the case to court ever since.
I seek the help of lawyer who advised my my current spouse to file a fresh I-130
February 23, 2023 I-130 received
January 31, 2024 I-130 approved
Filed another I-1485 and received March 12, 2024 and online states 5 months until final decision
March 23, 2024 I made e-request on my N400
Mach 25, interview was scheduled
Interview date April 29, 2024 in Dallas TX
My USCIS on message status N400 estimated time until case decision 6 months

whatever reason USCIS did not send my case to immigration court since December2022, I have been waiting. And I did not make any attempt to appeal the Notice to deny that I received. I just went ahead and filed a fresh I-130 and it was approved and then proceeded to file another I-485 it is currently being reviewed and online it states 5 months until the case is decided. Because I made E-request about my N400 USCIS then decided to schedule a second interview. I hope they let me go through with the second interview
 
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