separated after filing N-400 based on 3 year marriage

[harleydavidson 0]

I filed my N-400 after 3 years marriage to a USC but unfortunately after I filed we got separated. I intend to go to my interview and tell the immigration officer that I no longer wants to get the based on 3 years marriage to a USC as I m separeted from my wife. Does this situation is going to affect my 10 year green card status? and what happens when I apply again for the citizenship again after 2 years. One more worry, what will happen if simply do not show up for the interview and apply after 2 years, is this a wise thing to do?

[YuAndDan 153]

NO It will NOT affect your LPR status, you are a Lawful PERMANENT Resident, there is NO conditions on this status.

You will just need to wait until 5 years of LPR status to re-apply for naturalization.

Denial of an N-400 because you do not meet the 3 year marriage requirement WILL NOT revoke your LPR status.

Go to the interview and explain this, and you can file again in 2 years.

Edited June 2, 2009 by YuAndDan

[lucyrich 19]

You may be eligible to naturalize.

See the USCIS published interpretations 319.1

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.

In other words, as long as the marriage continues to exist between petition filing and becoming a citizen, you're OK. The "living together" requirement concerns the time before filing.

To find that text, go to the USCIS website, click on "laws and regulations" near the top, then click "interpretations" near the left, then "interpretations" near the bottom, and scroll down to 319.1. I'd put a hard link in here, except that the propublish system seems to always change its links, and besides, you might find some other useful information as you're navigating around to find that text.