Separation 3 months before filing N400

[sailormoon89 0]

Hi everyone,

I think I am in trouble. I would be eligible to file for N400 this December based on 3yr to USC but but my husband walked out on me. We agreed to just separate informally before deciding whether to get a divorce. So when I file N400 this December, there would be a 3-month gap for marital union. Our wedding date was on 05/11/12 so we have been married for more than 3 years already. I am worried about the 3 month gap. What would my chances be if I file it this December? Thank you for your help!

[Penguin_ie 6,002]

If you are still separated in December, you cannot file, as you do not live in marital union with your USC.

Why the hurry to file?

[sailormoon89 0]

Do you mean for me to wait until the 5-year LPR instead? My husband and I are still working on reconciling and this separation is just physical. Our financial information is still the same. I read other people's experience that USCIS still reviews similar situation case by case basis.

[kovacs 20]

I would wait until you have figured out your marital status. You don't want to risk being charged with immigration fraud.

[JohnR! 5,495]

If you file under these conditions you'll be providing false information, which will render you ineligible for citizenship for life.

Just sit tight and wait two more years, so you can file on your own, under the 5-year rule.

Good luck!

Hi everyone,

I think I am in trouble. I would be eligible to file for N400 this December based on 3yr to USC but but my husband walked out on me. We agreed to just separate informally before deciding whether to get a divorce. So when I file N400 this December, there would be a 3-month gap for marital union. Our wedding date was on 05/11/12 so we have been married for more than 3 years already. I am worried about the 3 month gap. What would my chances be if I file it this December? Thank you for your help!

Edited October 12, 2015 by JohnR!

[sailormoon89 0]

Ok.I will just wait for the 5year mark then. If my husband moves back in December, would I be eligible to file then?

[kovacs 20]

When I read the rules (I am not a lawyer), my interpretation is that a special exemption is granted for those who have lived for 3 years in a marriage which permits you to apply for expedited citizenship. There is no indication that it is a "rolling window". As you did not meet the conditions for the special exemption through your separation, you do not qualify for expedited citizenship and must wait for 5 years. So your husband moving back in December would not make you eligible. Just to repeat, I am not a lawyer.

Edited October 13, 2015 by kovacs