Pending divorce after filming N-400

[RepublicOfTX 2]

Hello All,

 

A friend of mine is going through a tough situation so i thought I would help and ask all yall.

 

She is an LPR and applied for Natz late Feb 2020. When she applied she had been a LPR for 3.5 years so she took advantage of expedited three years process.

 

Her husband filed for divorce in late August 2020 with pending N-400. Thanks to this policy update for the manual (see file attached), it looks like:

 

1) living in marital union w USC only applies to the three years prior to the filing of N-400 (not until interview or oath);

2) she must stay married until Oath is done

 

So, my thought was, if divorce is still pending but not finalized by the day of the Oath, she can still become USC under 3 year rule.

 

Here is the manual:https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-2

 

What are yalls thoughts? Anybody has any insights?

 

Thanks again! 

20181012-MaritalUnion (3) (1).pdf