Naturalization application, change from marriage 3 year to 5 year

[davw5678 0]

Hello,

I am a permanent resident married to a US citizen. I applied for naturalization after 4 years of marriage. Shortly after my interview I passed the 5 year mark being a permanent resident, and am now eligible for naturalization under the 5 year rule.

My case is being held up due to security checks. It's been a year since the interview with no movement (I'm now a resident 6 years). I contacted immigration asking about the rule where they have to provide a decision withing 120 days of the interview. After them opening a case with my local office I was informed that because of the security check it can take any length of time necessary.

My first question is, does anyone have experience with how long this can take, and if/when I should become concerned?

 

My second question is can I have the application changed so I am applying under the 5 year rule? My wife and I have grown apart and both of us are ready to divorce. But are not divorcing so as not to jeopardize my application. We have a child together.

 

Thanks in advance for your advice.

 

[dimbmw 1]

Just out of curiosity, since it's been a year since the interview (twice as much as the max allowed 120days), did you bother contacting your congressmen ? One year after the interview seems to be just insane. 

 

Have you considered a court way?

[davw5678 0]

I read about the 120 days time limit a while back, and mentioned it when I had my infopass appointment (of which I already had 3 by the way). I even asked to speak with a supervisor at the last appointment, when I wasn't satisfied with what the person at the booth told me. The supervisor clearly stated to me that the 120 day time limit doesn't matter when there's a security check underway, and told me to just wait. So I went along with that.

 

Now I'm tired of this situation and researching more, and found out about filing 1447(b) or WOM, contacting a congressman, and Ombudsman. I'm not sure if I should file right now. I'll try Ombudsman first.

 

I also found out I'm not the only one waiting for such a long time for a security check.

 

My question still is; will a divorce at this point affect my application?