Change N-400 from 3 years to 5 years rule?

[MeongJi 0]

Hi all - I have a question I couldn't find an answer anywhere and hope someone here could help.

I am a combo filer. I-751 was submitted in May 2017 and N-400 was submitted in July 2018 under 3-year marriage rule. I have no idea why my case is talking so long but I can think of a few factors: move across states once in December 2018, COVID, general slow processing time for combo filers in the new state. Nonetheless, I've seen combo filers who filed later than me got their GC and citizenship. There is no red flag that I am aware of.

In the last few months, there were eventually some movements on my case. The case was transferred to Idaho --> I received RFE and submitted evidence --> Case transferred back to local office --> Current status as of July 15th: Case is Ready to Be Scheduled for An Interview. It's been 2 months since! 

 

My marriage is now going through a rough path. He cheated and went to grad school in another state back in August. I want a divorce but my understanding is I need to remain in the marriage until the Oath Ceremony. It's been over 5 year since I received my GC though so technically, I would be qualified for N-400 under 5-year. 

I don't know when my interview will be scheduled. I kept thinking it's coming soon for the last 1 year! I really want to file for divorce for my mental health but don't want to jeopardize my N-400. Should I just wait for my interview (my husband will still come with me) or should I go ahead and file for divorce, obtain a waiver on my I-751 and hope the officer will process my N-400 under 5-year rule? Anyone has similar situation or heard of anything?

 

Appreciate anyone's thoughts on this. 

[MeongJi 0]

Anyone can help?

[ImmiGeek 59]

I dont know if you have found any answers or any developments gave you a fine way around your original question since it has been over 6 months old, but You can call USCIS and ask them what are your options to convert your 3 years pending citizenship application to 5 years? 
Its my assumption(need to be verified though) that 3 OR 5 Years is just an eligibility to file the petition but at the time of interview, if you have reached OR passed 5 years wait time, your marriage parameters may not reject the application. 

If you had any progress since your question above till date, please share with us.

[SusieQQQ 11,584]

My understanding from past posters is that you cannot retroactively change it from 3 years to 5 years, because  even if you now meet the 5 year requirement you did not at the time the case was filed, and that is what they look at (after accounting for normal early filing allowance). 

Edit: just realized the original post is 6 months old. Maybe the OP can update.
 

 

Edited March 26, 2021 by SusieQQQ