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Posted

Hi All,

 

I summit my N-400 application in February 2019 under 3 years rule for marrying to an US citizen.

However I found out my husband was cheating on me in March 2019 while we just have our first baby so now we are separated and ready to get divorce.

I have asked an immigration lawyer and he said I can just withdraw the case and apply again under 5 years rule ( which is next year, I applied my N-400 when I was married for 4 years instead 3 years)

Does anyone has similar experience withdraw application while pending? 

 

Thanks 

 

 

Filed: F-2A Visa Country: Nepal
Timeline
Posted

You can simply send a letter to USCIS mentioning you want to withdraw your citizenship application. Provide all info including your name, address, receipt number and such. Mail to the address listed on the receipt notice.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Posted

Hi Arken,

 

Thanks for the info.

They have transfer my case to local office and I never received any notice after all ( no address or anything ) only the update on the internet account.

The lawyer is suggest me bring the letter when I get my interview date. 

Will this withdraw be affecting my apply again next year?

Filed: F-2A Visa Country: Nepal
Timeline
Posted

Yeah then that way is fine. It wouldn’t impact your future application but they may ask about your marriage just to make sure you received your GC in a proper way.

Spouse:

2015-06-16: I-130 Sent

2015-08-17: I-130 approved

2015-09-23: NVC received file

2015-10-05: NVC assigned Case number, Invoice ID & Beneficiary ID

2016-06-30: DS-261 completed, AOS Fee Paid, WL received

2016-07-05: Received IV invoice, IV Fee Paid

2016-07-06: DS-260 Submitted

2016-07-07: AOS and IV Package mailed

2016-07-08: NVC Scan

2016-08-08: Case Complete

2017-06-30: Interview, approved

2017-07-04: Visa in hand

2017-08-01: Entry to US

.

.

.

.

Myself:

2016-05-10: N-400 Sent

2016-05-16: N-400 NOA1

2016-05-26: Biometrics

2017-01-30: Interview

2017-03-02: Oath Ceremony

Filed: Citizen (pnd) Country: Jamaica
Timeline
Posted
10 minutes ago, USS_Voyager said:

Correct me if I’m wrong but I don’t think you have to withdraw, as long as you meet the condition of “living in marital union with a US citizen for 3 years” you can apply under 3 years rule. Whatever happened sounds like happened after 3 years. 

You still have to be living together until the day you take your oath.The OP did say they are separated

Posted

Thanks for the replies.

Yes, I have already separated with my husband so I am not qualify by 3 years rule. 

I just want to make sure I will not have problem when I apply again next year by myself.  I got my conditional green card in 2015 from marrying an US citizen and got my 10 years green card last august. 

Does anyone has same experience and eventually get their citizenship with no problems?

 

Filed: Citizen (pnd) Country: Jamaica
Timeline
Posted
29 minutes ago, GStyles said:

Thanks for the replies.

Yes, I have already separated with my husband so I am not qualify by 3 years rule. 

I just want to make sure I will not have problem when I apply again next year by myself.  I got my conditional green card in 2015 from marrying an US citizen and got my 10 years green card last august. 

Does anyone has same experience and eventually get their citizenship with no problems?

 

I don't think you will base on other people's journey here

Posted
16 hours ago, GStyles said:

Thanks for the replies.

Yes, I have already separated with my husband so I am not qualify by 3 years rule. 

I just want to make sure I will not have problem when I apply again next year by myself.  I got my conditional green card in 2015 from marrying an US citizen and got my 10 years green card last august. 

Does anyone has same experience and eventually get their citizenship with no problems?

 

No problems whatsoever. You can apply for citizenship as many times as you like.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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