Citizenship

[JenniferWright 0]

Hello everyone. I just wanted to ask and I hope somebody will answer me here who had an experienced already or who might have known somebody that had experienced already or had the same issue and problem. Please I just want somebody to answer me correctly and reliable one so I can do the decision immediately. I have been married for over 3years now and I have my 10year greencard already and I have done submitted my application for citizenship already last February 2020 2nd week and done the biometric already and I was supposed to have my citizenship examination already April 6th but the USCIS cancelled it due to the covid19 virus. I was on a K1 visa before so I have been here in America and married for almost 3years now. So as we all know we will just wait them to reopen again on June 4th and wait for my new appointment of the schedule of my citizenship exam again. Now my question is if me and husband will filled a divorce now and since we don’t have any reason to disagree in anything because we both know our marriage is not working good anymore especially now a days so we both know that our divorce will be finalized also immediately and surely by the time maybe when I get a new appointment for my citizenship exam we are finally divorced. So please somebody here had experienced and only answer me here if your pretty sure okay? Please tell me is it going to affect my citizenship by the time I go to my exam and bringing the divorce paper already? Does it going to affect my citizenship if were already divorce by the time I go for my examination? Are the USCIS not going to abandoned my citizenship and are they not going to tell me to wait for another 2years to reapply since by the time time I go there for the examination I am divorce already. Or this will not be a problem anymore? I hope somebody could really answer me here reliable one. Appreciate it in advance and thank you very much.

Edited May 2, 2020 by JenniferWright

[geowrian 22,339]

The (relevant) requirements are:

1) Living in marital union for the 3 years prior to filing the N-400.

2) Being legally married at the time of naturalizing.

 

Note the difference. The latter only requires that the divorce is not final. The former requires an ongoing marriage.

 

If you will not met both of the requirements above, the N-400 must be denied.

Requirement #1 is a judgement call by the IO based on the evidence provided and the circumstances. You need to look at it and determine if that was met.

Requirement #2 is more clear-cut - will the divorce be final by the time of actually taking the oath?

[payxibka 10,048]

10 minutes ago, JenniferWright said:

Hello everyone. I just wanted to ask and I hope somebody will answer me here who had an experienced already or who might have known somebody that had experienced already or had the same issue and problem. Please I just want somebody to answer me correctly and reliable one so I can do the decision immediately. I have been married for over 3years now and I have my 10year greencard already and I have done submitted my application for citizenship already last February 2020 2nd week and done the biometric already and I was supposed to have my citizenship examination already April 6th but the USCIS cancelled it due to the covid19 virus. I was on a K1 visa before so I have been here in America and married for almost 3years now. So as we all know we will just wait them to reopen again on June 4th and wait for my new appointment of the schedule of my citizenship exam again. Now my question is if me and husband will filled a divorce now and since we don’t have any reason to disagree in anything because we both know our marriage is not working good anymore especially now a days so we both know that our divorce will be finalized also immediately and surely by the time maybe when I get a new appointment for my citizenship exam we are finally divorced. So please somebody here had experienced and only answer me here if your pretty sure okay? Please tell me is it going to affect my citizenship by the time I go to my exam and bringing the divorce paper already? Does it going to affect my citizenship if were already divorce by the time I go for my examination? Are the USCIS not going to abandoned my citizenship and are they not going to tell me to wait for another 2years to reapply since by the time time I go there for the examination I am divorce already. Or this will not be a problem anymore? I hope somebody could really answer me here reliable one. Appreciate it in advance and thank you very much.

You must be in a continuing marital union up until and including the day of the oath taking, if you are trying to gain citizenship via marriage to a usc.

[geowrian 22,339]

* Moved from K-1 P&P to US Citizenship discussion *

[geowrian 22,339]

11 minutes ago, payxibka said:

You must be in a continuing marital union up until and including the day of the oath taking, if you are trying to gain citizenship via marriage to a usc.

USCIS says otherwise: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

Quote

1. Married and Living in Marital Union

In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. ^[19]

 

Here's the memo USCIS released on the subject: https://www.uscis.gov/sites/default/files/policymanual/updates/20181012-MaritalUnion.pdf

Quote

While the law requires that the applicant spouse and the U.S.citizen remain married until the time the applicant naturalizes, the living in marital union requirement is only required until the time of filing

 

Edited May 2, 2020 by geowrian

[payxibka 10,048]

5 minutes ago, geowrian said:

USCIS says otherwise: https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

Here's the memo USCIS released on the subject: https://www.uscis.gov/sites/default/files/policymanual/updates/20181012-MaritalUnion.pdf

 

What is the definitional difference between a marital union and being married?  IMO, two different ways to say the same thing

[geowrian 22,339]

1 minute ago, payxibka said:

What is the definitional difference between a marital union and being married?  IMO, two different ways to say the same thing

The differences of each is in the link. Marital union is living together in an ongoing marriage. Being legally married just means a formal divorce has not been finalized (or death occurred, annulment finalized, etc.).

One can be in marital union and file the N-400, then the next month break up and move out. As long as the divorce is not finalized by the time of the oath, they still qualify to naturalize under the 3 year rule. Whereas if they moved out before filing, this would not qualify due to breaking marital union.

 

USCIS would likely disagree they are the same given both the guidance and the explicit memo to differentiate the two separate requirements.

[troiday8787 0]

thanks for you wisdom words @geowrian