Divorce after filing N-400 Application

[bika 0]

Hi,

A Permanent Resident is applying for citizenship through marriage, is getting a divorce after filing will affect the application, does s/he has to stay married to the US spouse until the end of the naturalization process?

Thanks

[YuAndDan 153]

Yes it may.

Although section 319(a), as distinguished from sections 319(B ) and (d), further requires that the petitioner shall live in marital union with the citizen spouse during the entire period of three years immediately preceding the date of his petition, no similar requirement exists for the period between the date of filing the petition for naturalization and the date of naturalization, during which period only the existence of a legally valid marriage is required. 12b /

(2) Marital union for purposes of section 319(a) . The requirement that the petitioner live in marital union with the citizen spouse during the three-year period should be given a reasonably strict construction in order that it may lead to accomplishment of the objective of having the noncitizen spouse absorb basic concepts of citizenship through close association with the citizen spouse.

http://www.uscis.gov/propub/ProPubVAP.jsp?...cb654fe4c2361d6 Edited January 17, 2008 by YuAndDan

[diadromous mermaid 36]

Hi,

A Permanent Resident is applying for citizenship through marriage, is getting a divorce after filing will affect the application, does s/he has to stay married to the US spouse until the end of the naturalization process?

Thanks

Yes. Even though their exists statutory language that suggests that the PR does not have to be living together during the pendency of the N400, it does require the marriage to remain viable. That means that the couple could be living separately as long as that separation is not an indicator that the marriage through which the alien is entitled expedited Naturalisation eligibility is in a terminal state.

[Mixed Nut 0]

...is getting a divorce after filing will affect the application, does s/he has to stay married to the US spouse until the end of the naturalization process?

It did in my case, my N400 application was denied in 2007, 5 years after it was granted, because I divorced in 2004.

Stay married until you are a citizen!

[motu 5]

Stay married until you are a citizen!

Or get divorced and wait another two years for citizenship. If the marriage is not working out - there's no need to prolong it - your status here is permanent and you do not have to stay in that marriage. For citizenship - you will need to wait 2 more years - not a big deal for most. Good Luck

[flavaofsummer 0]

duh ofcourse u have to stay ur getting it cuz of that person obviously so if ur not with them why would u get it?? 2nd u will have to wait 5 years to get the citizenship aside the 3 years u waited add 2 more that makes it 5..why not wait then divorce or ask them not to leave u untill u become a citizen beg if u have to.

Hi,

A Permanent Resident is applying for citizenship through marriage, is getting a divorce after filing will affect the application, does s/he has to stay married to the US spouse until the end of the naturalization process?

Thanks