3 year Citizenship Denied. Applying for 5 year

[sc_queens 14]

My 3 year Citizenship based on marriage was denied because we were not living together at that time. At that time she went abroad for job. I tried to convince the IO that we were still together and this was not a legal separation or any sort. She denied my citizenship because we are not living in a marital union anymore. Fast forward today, we got divorced couple of months ago (she decided to continue her life there). Would this be an issue for me applying citizenship based on 5 years?

[mushroomspore 3,043]

5 minutes ago, sc_queens said:

My 3 year Citizenship based on marriage was denied because we were not living together at that time. At that time she went abroad for job. I tried to convince the IO that we were still together and this was not a legal separation or any sort. She denied my citizenship because we are not living in a marital union anymore. Fast forward today, we got divorced couple of months ago (she decided to continue her life there). Would this be an issue for me applying citizenship based on 5 years?

No, the 5-year rule has nothing to do with marriage so you should be fine. The 3-year is 100% about marital union, which is unfortunately up to interpretation by the IO depending on the presented evidence. I.know some couples get through AoS living apart but I think it's not very good for RoC and citizenship. Sorry this happened. But you should be fine at the 5-year mark.

Edited May 14, 2019 by mushroomspore
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[jealob 7]

This will not be an issue as long as the marriage was entered into in good faith. Good Luck.

[sc_queens 14]

13 hours ago, mushroomspore said:

No, the 5-year rule has nothing to do with marriage so you should be fine. The 3-year is 100% about marital union, which is unfortunately up to interpretation by the IO depending on the presented evidence. I.know some couples get through AoS living apart but I think it's not very good for RoC and citizenship. Sorry this happened. But you should be fine at the 5-year mark.

Thank you. That's what I thought as well. But I've been hearing that they might go back to ROC. But since I already submitted all the evidence. I don't see why they would ask for more evidence there. Can you provide me some insight on this please?

[NikLR 13,220]

Doesn't matter for 5 year.  You don't even submit marital evidence like you did for the 3 year.  The USCIS can look through your entire immigration history. No big deal really.  

[mushroomspore 3,043]

8 hours ago, sc_queens said:

Thank you. That's what I thought as well. But I've been hearing that they might go back to ROC. But since I already submitted all the evidence. I don't see why they would ask for more evidence there. Can you provide me some insight on this please?

5-year citizenship rule has nothing to do with marriage to USC. So all they will ask for is proof you've been a LPR for five years (your green card) and proof of identity. I don't know the finer details but that's the basics of doing citizenship under the 5-year rule.

[ali.cha 18]

I submitted N400 app last week and even though If I lived in the US almost 6 years (i came by spouse visa) they still wanted me to upload marriage/divorce certificate. Right now I am in the process of divorce and I have no clue what questions I will be asked at the interview, I am assuming marriage related since I was married to US citizen

[sc_queens 14]

9 hours ago, ali.cha said:

I submitted N400 app last week and even though If I lived in the US almost 6 years (i came by spouse visa) they still wanted me to upload marriage/divorce certificate. Right now I am in the process of divorce and I have no clue what questions I will be asked at the interview, I am assuming marriage related since I was married to US citizen

I think so. Even I am not sure about it. They could ask a couple of questions or may even ask for more evidence. Good Luck!