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Brettnie

Getting divorce while N-400 married to spouse 3 years is pending!

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Hello y’all! Me and my husband is separate right now and processing for a divorce while my Citizenship is pending. I had my biometrics last November but I don’t have updates yet from Immigration for Interview. Now should I let USCIS know that I’m going through a divorce right now while N400 is pending Or wait untill my divorce is finalize? If I’ll get my interview before divorce is finalize I can tell the officer upfront about my situation but is there any chance I’ll get my oath or more than likely the officer withdraw my application? If anybody went through this situation before your advice is appreciated. 

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Posted (edited)

hi

 

you no longer qualify to apply under the 3 year rule, you need to withdraw your petition and file again when you have 5 years of residency

 

90 days before you have 5 years of residency,  you can file again

 

you are already separated, you need to take proof of bona fide marriage at the interview, taxes together with the same address, bills, joint bank account, joint health insurance, car insurance, anything that proves that you live at the same address and still a bona fide marriage

 

 

 

 

Edited by aleful

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If you're applying for an immigration benefit that is conditioned upon your marriage to a USC, and you're divorcing... of course you can't just proceed as usual. Doesn't matter that the divorce isn't completed, you're already separated and have initiated divorce proceedings, thus you no longer qualify for the benefit. You should always be upfront about events material to your application. You can withdraw and apply again later.


Swedish/American couple, met at university, eventually filed the I-129F petition in 2017.

K1 NOA1: 9/12/2017. NOA2: 3/10/2018. Case # Assigned: 3/28/2018. Embassy Received: 3/29/2018. Medical: 4/18/2018. Interview: 5/3/2018. VOH: 5/8/2018. US Entry (POE JFK): 5/24/2018.

 

AOS Package Sent: 6/4/2018. NOA1/Received Date: 6/5/2018. e-Notified: 6/11/2018. NOA1 Hardcopy: 6/14/2018. Biometrics Appt: 6/28/2018. I-485 Ready to be Scheduled for Interview: 7/25/2018. I-765 Card in Production: 9/19/2018. I-765 Card Mailed: 9/21/2018. I-765/I-131 Combo Card Received: 9/25/2018. I-765/I-131 Renewal Sent: 4/2/2019. NOA1/Received Date: 4/3/2019.

GC Interview Scheduled: X/XX/2019. GC Interview: X/XX/2019.

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