N400 married to USC but separate

[Alito2010 2]

Good morning, I am planning to file for naturalization in a couple of months based on 5 years permanent residency. Question is how to fill out marital status section. I'm still legally married and divorce request filed at court but still not finalized. My wife and I have been living apart for the last two years, we have a 6 yo together. Basically question is should I fill the form as married and present all documents required or as separated even though divorce is not done yet?

please advise

thanks 

[Frage 67]

If you're divorced by the time you file, check divorced. If you're separated at the time you file, check separated. 

[Alito2010 2]

Hi all,

I posted this question few weeks ago and I have not gotten much feedback. Hopefully this time I can get some advice. I am planning to apply for citizenship this November under the 5 year rule although I am still legally married to the mother of my son since 2011. We informally separated back in 2015, that is why I did not want to apply before based on marriage to USC, given that we were living apart. We filed for divorce few months ago but unfortunately is taking longer than expected and I don't really want to keep waiting. My concern is basically how to apply because I am still married but N-400 form presents the option of separated (not sure if has to legal separation). Also, if I apply under the 5y rule but as married, do I still have to supply with my marriage certificate and documents related to my wife's past and her prior divorce, given that I am her second marriage. This is what could be a little complicated, to get her to cooperate with documentation. Otherwise I will have no option than waiting for our final divorce.

Please any input will be extremely appreciated.  

[Ontarkie 13,922]

~~Related threads merged. Thread also move to US Citizenship General Discussion, from Progress Reports.~~

[candybabe 46]

When did you obtain your GC ? You said you are married since 2011, but not how long you have been a Permanent Resident.

[Alito2010 2]

•  

When did you obtain your GC ? You said you are married since 2011, but not how long you have been a Permanent Resident.

 

I am LPR since 01/13. It will be 5 years in January 2018 but based on the 90 day rule, I would be able to apply in November.

[candybabe 46]

so based on this you separated almost immediately after removal of conditions - 2 years after 2013 =  2015.

 

This will def raise flags - You should probably retain as much documentation as you can about the bona fide marriage.

 

During the interview, they don't really talk about divorce date - they care most about when you separated. They will ask you when you moved out and you will tell them 2015. So just make sure you have documentation that shows you actually lived with her for 2 years, and you were married in good faith.

 

They would probably ask you as well whether your knew of your wife's psychological issues before being married or before removing conditions. They don't want anyone taking advantage of US citizens.

 

To answer your question about the form - if you apply based on 5 years and say you are married, that would be a lie because you have not lived with your wife for 2 years - so you should def mark it as separated.

 

I am not an immigration specialist / lawyer.

[Alito2010 2]

Thanks for your reply. Just to clarify I was married in 2010 not in 2011 it was a typo. So there was never removal of conditions or something like that. I applied for GC after having been married for more than 2y so there were no conditions. My GC was granted for 10y. We have been married for almost 5 years and we have a son. Thanks again for your advice.