Divorce pending after submitting N400

[saucykaye 0]

Hi Vjers,

I recently found this site and see that you guys have advised and helped a lot of people. I need your advice and help.

I have applied for naturalization under the 3 year rule in April of this year did the BM but haven't hear anything about my case since then. My problem is that my husband stated on Monday of this week that he has contacted his attorney regarding divorce and is starting the separation this week. He is still home and hasn't gone anywhere and is giving me the silent treatment even when I tried talking to him.

My husband has been abusive to me, complains about everything, jealous, controlling and always wants to know who I am talking to or what I am doing. It's always his way or the highway. I can never please him and I tried to make my marriage work because I don't believe in divorce. I am always damned no matter what I do.

He has not sent any divorce paper yet. My question is, what if he sends the divorce paper before my interview what should I do? Can i still proceed with the naturalization knowing divorce is pending? Is there a waiver I can sign?

Thank yo for your help!

[milimelo 4,166]

Withdraw the application and wait to apply under 5-yr LPR rule. You won't get it under 3 years.

[aaron2020 11,651]

Hi,

You can not proceed under the marriage rule once your husband files for divorce.

Withdraw and file under the 5 years rule when you can.

If you proceed with a pending divorce, you would be committing naturalization fraud which could end with you getting deported.

Best of luck