Withdraw N-400

I

ironcouch

Registered Users (C)
I applied for citizenship based on 3yrs marriage in 2006, after background check etc... I got an interview scheduled on Feb 2010.
My wife and I are separated as of June 1, 2009 planning for divorce some time in March.
What are my options here, shall I withdraw my application or go to Interview and tell IO.
Any Help is highly appreciated.

Thanks
 
ironcouch said:
I applied for citizenship based on 3yrs marriage in 2006, after background check etc... I got an interview scheduled on Feb 2010.
My wife and I are separated as of June 1, 2009 planning for divorce some time in March.
What are my options here, shall I withdraw my application or go to Interview and tell IO.
Any Help is highly appreciated.

Thanks
Click to expand...
Submit a withdrawal letter to USCIS unless you are otherwise eligible under 5 year rule when you applied.
 
Thanks for your reply Bobsmyth.
I am eligible for 5 years rule, so I apply using 5 years rule and not withdraw old application?
 
ironcouch said:
Got my GC in 2003 and applied for citizenship in April 2006
Click to expand...

And it took 4 years to get interview?

I'll say if it is not a big trouble to go to the DO, then just go to the interview
and tell the IO your current situation. I don't think it make any difference
for your future application whether you withdraw your application or the IO deny your application. You can evenrequest for withdrawal during the interview.

Then after that, re-apply based upon 5 year
 
ironcouch said:
Thanks for your reply Bobsmyth.
I am eligible for 5 years rule, so I apply using 5 years rule and not withdraw old application?
Click to expand...

If at the time of applying you met eligibility requirements under 5 year rule, then you may continue on with you current application and mention to officer at interview that you wish to change over to 5 year rule.
 
Bobsmyth said:
Yes, since a break in martial union (including pending divorce) is grounds for denial.
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The OP is considering withdrawal so he has nothing to lose by going to the interview (gas, parking fee, and half day's time are negligible costs in
this busisness).


Only thing is he may be able to apply right away after withdrawal. Denial
letter may take a month too come.
 
WBH said:
The OP is considering withdrawal so he has nothing to lose by going to the interview (gas, parking fee, and half day's time are negligible costs in
this busisness).


Only thing is he may be able to apply right away after withdrawal. Denial
letter may take a month too come.
Click to expand...

The question was whether a break in martial union would affect a naturalization application (which it would) not whether OP should go to interview just for the hell of it.
In the OP's case, it's a moot point if he's eligible under 5 year rule.
 
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Bobsmyth said:
In the OP's case, it's a moot point if he's eligible under 5 year rule.
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He is not eligible under the existing application, because he applied in 2006 and got his GC in 2003. He would have to file a new one.
 
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Bobsmyth said:
The question was whether a break in martial union would affect a naturalization application (which it would) not whether OP should go to interview just for the hell of it.
Click to expand...

There was a post by someone who filed too early (did not realize 90 day rule does not apply to marriage). He went to interview and sign the withdrawal of his application. So the OP of this thread can go to interview to withdraw.
In one sense it is better to withdraw that way because if you send in
a letter of withdrawal, the USCIS may miss it. And of course I said this assume the trouble of going to interview is not too big.
 
Wbh

I like to ask a question based on this post. what if the applicant still remain married and no divorce papers has been filed and the wife refused to attend the interview with the husband who in this case is the applicant but rather agreed to be with the husband pending his naturization process is over with before she file for divorce. to make it clear, they both want a divorce but agree to stay together untill all the process of naturization is over. can the applicant go alone to the interview even though he filed under the married rule.
 
N-400_2009 said:
I they both want a divorce but agree to stay together untill all the process of naturization is over. can the applicant go alone to the interview even though he filed under the married rule.
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This is not for OP, right, the OP is already seperated.

If a couple decides too divorce but withhold that and live together until the citizenship is done and assuming everything is going on as if they are not going to be divorced. I think they can get it done. But I am not sure morally that is cheating or not. If later in case USCIS investiogate, they have to insist that they start to think about divorce after the citizenship. What if during the interview IO may ask :"Are you planning to divorce?"?
 
Didn't we see a similar case a few months back where the adjudicator allowed the applicant to change it from a 3 year based application to a 5 year based? I somehow remember seeing such a post.

Jackolantern said:
He is not eligible under the existing application, because he applied in 2006 and got his GC in 2003. He would have to file a new one.
Click to expand...
 
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