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RepublicOfTX

N-400 with divorce pending

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Hi all, bombshell topic here. Due to the instability from COVID, some couples have been contemplating (or have filed) for divorce.

 

The Policy Manual clearly states that living in marital union (LMU) is ONLY required for three years up to day of filing, not examination. As long as you’re not divorce up to oath, you are good.

 

This came from a discrepancy with CFR which stated LMU is up to examination, while INA says only up to date of filing. INA supersedes CFR.

 

https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

 

(check out sub chapter B).

 

Anybody here has been able to resist a bulldozing IO and successfully show them that LMU is only up to date of filing?

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