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VisaJourney.com > General Family Based Immigration Topics > US Citizenship General Discussion

ikyang
What will happen if you file for naturalization based on a 3 year married to a USC, and before approval and before they schedule you for an interview, you got divorced? or divorce proceedings started? any ideas?

lucyrich
Apologies if you saw my earlier post and edits. I'm having fumble fingered problems.



See these published interpretations for some guidance, and click on the 319.1 link.

If the marriage ends due to divorce or death of the USC spouse at any time before taking the oath, the naturalization is denied. You'd have to re-apply after you've had enough time as an LPR to apply without regard to the marriage.

If the divorce is started, but not finished, I'm not sure. I think that, as long as the marriage is still legally in place at the time the oath is given, you're OK.
diadromous mermaid
USCIS has the right to request an appearance of the USC even up to the time of the swearing in ceremony to determine that the alien is eligible for the expedited Naturalisation, I believe.
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