Seperation during N400 process

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vermont9

Registered Users (C)
Hello,
I have filed my N400 application (New York City) on Jan-09 based on marriage to US citizen. Got my finger printing done last month (02/09). I have received my green card on 05/28/04 based on my employment. She wants to move out and live separate starting May-09 as we have some differences and want to give some time for things to work out. What is the best option for me based on my situation ? Is it possible to make an addendum to change my N400 application based on my eligibility of 5 years of green card instead of marriage based.Your help is appreciated.
Thanks
 
vermont9 said:
Hello,
I have filed my N400 application (New York City) on Jan-09 based on marriage to US citizen. Got my finger printing done last month (02/09). I have received my green card on 05/28/04 based on my employment. She wants to move out and live separate starting May-09 as we have some differences and want to give some time for things to work out. What is the best option for me based on my situation ? Is it possible to make an addendum to change my N400 application based on my eligibility of 5 years of green card instead of marriage based.Your help is appreciated.
Thanks
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I don't think addendum is eligigble because Jan-09 is one month and half too early (05/28/09 - 3 month is 02/28/09).

You can withdraw and file another one
 
If there is no way to convince her to hold off the separation until after your oath, the best you can do at this point is go to interview and see if the IO would be willing to change your application to 5 year based (provided you have met 5 years of continuous residency as a LPR by then). The IO may refuse since you applied beyond the 90 day early grace period on a 5 year based application.
 
Well....I cant remember anything being asked about separation is there? I just had my interview and the only question she asked me with regards to that is "Are you still married?". In your case that would still be a "Yes". The only potential issue I see is if they had to ask, "Are you still living together". And even then, can they deny you if you say "no"? You are still married but maybe going through a hard time, theres no reason why you potentially wouldnt get back together. If there are no rules that state an application is invalid if you are not living together, what harm is it if you go through the process and just be honest at the interview? (if asked) And especially if she only moves out in May....that to me is even more cause to go through with it. Again, if there are laws that state, you cant become a citizen if seperated, well that changes everything.
 
rorya said:
Well....I cant remember anything being asked about separation is there? I just had my interview and the only question she asked me with regards to that is "Are you still married?". In your case that would still be a "Yes". The only potential issue I see is if they had to ask, "Are you still living together". And even then, can they deny you if you say "no"? You are still married but maybe going through a hard time, theres no reason why you potentially wouldnt get back together. If there are no rules that state an application is invalid if you are not living together, what harm is it if you go through the process and just be honest at the interview? (if asked) And especially if she only moves out in May....that to me is even more cause to go through with it. Again, if there are laws that state, you cant become a citizen if seperated, well that changes everything.
Click to expand...

The requirement for 3 year based applications is to remain in martial union up until the oath. The questions on N-445 oath letter makes that clear:

AFTER the date you were first interviewed on your Application for Naturalization,

Form N-400:
1.Have you married, or been widowed, separated or divorced? (If "Yes," please
bring documented proof of marriage, death, separation or divorce.)
 
Hello All,
Thanks for the prompt reply. If I get an interview in June or July will there be any chance for the IO taking my 5 yrs of residence(green card) into consideration to make changes or will they deny.
Thanks
 
vermont9 said:
Hello All,
Thanks for the prompt reply. If I get an interview in June or July will there be any chance for the IO taking my 5 yrs of residence(green card) into consideration to make changes or will they deny.
Thanks
Click to expand...

Again, that depends on the IO and their discretionary power to either change it over to a 5 year based application or deny it outright and require you to reapply. The good news is if you do get denied, you can reapply immediately since you are already within the 90 day early grace period window.
 
Bobsmyth said:
The requirement for 3 year based applications is to remain in martial union up until the oath. The questions on N-445 oath letter makes that clear:

AFTER the date you were first interviewed on your Application for Naturalization,

Form N-400:
1.Have you married, or been widowed, separated or divorced? (If "Yes," please
bring documented proof of marriage, death, separation or divorce.)
Click to expand...

Very true! However, I just posted my experience at my oath ceremony in another post.
They were completely not able to handle anything out of the ordinary. It seems like just a formality. The guy in front of me had been ARRESTED since his interview and he had NO documentation and still was allowed to take the oath. It may be very different at other oath ceremonies, I dont know and Im not advocating anything, just stating what I saw first-hand. Id be very curious to know if anyone has ever been turned away at an oath ceremony.
 
rorya said:
Very true! However, I just posted my experience at my oath ceremony in another post.
They were completely not able to handle anything out of the ordinary. It seems like just a formality. The guy in front of me had been ARRESTED since his interview and he had NO documentation and still was allowed to take the oath. It may be very different at other oath ceremonies, I dont know and Im not advocating anything, just stating what I saw first-hand. Id be very curious to know if anyone has ever been turned away at an oath ceremony.
Click to expand...
I've read your oath experience. Do you know what he was specifically arrested for? Being arrested after interview in itself is not something that would prevent one from being naturalized, but a break in martial union or a break in continuous residency is.
 
That was the kicker...this is how it all went down:

Before you enter the seating area, there is an immigration official [IO]checking your forms right.

[IO] What were you arrested for?
[Dude] I was in a car accident
[IO] Were you arrested for DUI?
[Dude] No
[IO] Then why were you arrested?
[Dude] I dont know (When I heard this, I couldnt believe I was hearing right)

Then an immigration official (2) in the seating area directing people, calls to the official checking forms "Move them along, we need to seat them".
[IO] He has an issue on his form
[IO2] It doesnt matter if its wrong, just send them in!

In walks the [Dude].

So I dont know if that saved him or what, but I didnt see any seperate area or station or anything to indicate where they re-interview people to make a decision. It was like checking tickets before you enter a movie theatre. Another guy had gotten married since his interview as I saw him show his marriage certificate. (Dont know on what grounds he got his citizenship though). You may be right though and they may turn someone away if they are divorced or separated but Id find that very hard to believe based on what I saw.
 
I was asked at my interview if we were still married and "not separated" (exact wording of the IO). So, it does matter whether they live together or not.
 
rorya said:
Very true! However, I just posted my experience at my oath ceremony in another post.
They were completely not able to handle anything out of the ordinary. It seems like just a formality. The guy in front of me had been ARRESTED since his interview and he had NO documentation and still was allowed to take the oath. It may be very different at other oath ceremonies, I dont know and Im not advocating anything, just stating what I saw first-hand. Id be very curious to know if anyone has ever been turned away at an oath ceremony.
Click to expand...

The lady in front of me was turned away from the oath ceremony. She did not bring her Green Card. The IO asked her, "did you loose it, or you left it at home" she said she had left it at home. The IO asked her again...if she lost it, he will let her take oath today, but if she left it at home...she would have to go and wait for the next oath letter....she said....no no I have it at home...and had to walk away.
 
Another reason why GC holders should always carry their GCs on their person :)

harvydonald said:
The lady in front of me was turned away from the oath ceremony. She did not bring her Green Card. The IO asked her, "did you loose it, or you left it at home" she said she had left it at home. The IO asked her again...if she lost it, he will let her take oath today, but if she left it at home...she would have to go and wait for the next oath letter....she said....no no I have it at home...and had to walk away.
Click to expand...
 
Separation in New York State, means actually to file separation papers, not just walk away from the house and take a break for 3 months.- :)

Bobsmyth said:
The requirement for 3 year based applications is to remain in martial union up until the oath. The questions on N-445 oath letter makes that clear:

AFTER the date you were first interviewed on your Application for Naturalization,

Form N-400:
1.Have you married, or been widowed, separated or divorced? (If "Yes," please
bring documented proof of marriage, death, separation or divorce.)
Click to expand...
 
rick92 said:
Separation in New York State, means actually to file separation papers, not just walk away from the house and take a break for 3 months.- :)
Click to expand...

That's true. Separation is a legal notion, not a state of marriage, it does require actions from both parts and in this case - filing a separation agreement in court.
 
vermont9 said:
Hello All,
Thanks for the prompt reply. If I get an interview in June or July will there be any chance for the IO taking my 5 yrs of residence(green card) into consideration to make changes or will they deny.
Click to expand...
You will surely be denied if you change to the 5 years option, because you filed too early to be eligible for that option.

If you waited long enough such that you were eligible for the 5-year option at the time of filing, the discretion of the IO could have allowed you to switch to that option. But in your case the IO would be breaking the law if you got approved based on the 5 year rule. If you get approved, it would mean that people can circumvent the 5 years minus 90 days requirement if they initially choose the marriage-based option and then switch to the 5-year option at the interview.
 
Triple Citizen said:
Another reason why GC holders should always carry their GCs on their person :)
Click to expand...

The N-445 specifically asks that you bring the green card to the oath ceremony. The lady should have checked her purse at least twice before leaving home. I checked my stuff a dozen time before I went to my oath ceremony.
 
Leana said:
That's true. Separation is a legal notion, not a state of marriage, it does require actions from both parts and in this case - filing a separation agreement in court.
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From an immigration standpoint, a separation (whether it be due to legal filing in court or living apart due to whatever reason) will bring into question the state of your martial union.
 
Well, lot of couples file for separation, but they do not actually go through with the divorce process. After the cooling-off period, they decide to reconcile.
You are technically still married and your answer could be " I am married" .
 
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sai-2367 said:
Well, lot of couples file for separation, but they do not actually go through with the divorce process. After the cooling-off period, they decide to reconcile.
You are technically still married and your answer could be " I am married" .
Click to expand...

Being married is not the same as martial union for immigration purposes. A couple undergoing an informal separation (cooling off period) are obviously married but their martial union may still be deemed to have been broken according to immigration law.
 
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