Marital status

[Tathasthu 1]

One of the interview questions is ; are you married/separated/divorced/single. I have had a GC since 2007 but only applied for Citizenship last year. Soon after filing, my husband filed for divorce which is till pending. I would have applied under the 5 year rule (since I've been a GC holder for so long), but I am not sure (submitted my marriage certificate along with other documents while filing N400). Soon to be ex husband is NOT a US citizen (he filed for my GC as we were married at that time), we were married for over 10 years and have a child born here. My question is, since I do have to mention my marital status as separated, if the interviewer asks for details, I am still in the divorce process but don't have the decree. Will this cause any issues?

[Dashinka 25,865]

Since you are not filing for naturalization based on marriage to a USC, I don’t think it will cause you any problems regardless of the status when your interview comes up.

 

Good Luck!

[Coco8 1,054]

If the divorce is pending, it's married. If the divorce is being finalized soon, you can wait if it makes you worry. Otherwise, just put married and take your divorce certificate to the citizenship interview. During the interview you go through the basics of your application and if the officer asks, you can say you just got divorced. I wouldn't worry; the issue would be if the divorce does not come out by the time of the interview which is why I'd put married now (since you are).

[ThaOne 101]

On 2/13/2021 at 7:33 PM, Tathasthu said:

One of the interview questions is ; are you married/separated/divorced/single. I have had a GC since 2007 but only applied for Citizenship last year. Soon after filing, my husband filed for divorce which is till pending. I would have applied under the 5 year rule (since I've been a GC holder for so long), but I am not sure (submitted my marriage certificate along with other documents while filing N400). Soon to be ex husband is NOT a US citizen (he filed for my GC as we were married at that time), we were married for over 10 years and have a child born here. My question is, since I do have to mention my marital status as separated, if the interviewer asks for details, I am still in the divorce process but don't have the decree. Will this cause any issues?

Sorry about the divorce going on. At the time of filing (and still now) you were married, so you did not lie on your application. You have been a GC holder for a long time, so you would qualify under the 5 year rule regardless of the divorce happening after the fact. If the divorce decree comes up before the interview, then you should add that to your documents as USCIS asks that any change in status be mentioned. They also ask at the oath ceremony if anything has changed since even after the interview. I am not sure if you filed under the 3 year rule originally whether they just adjust it to the 5 year rule if things change or if you are supposed to re-file under the 5 year rule, but as others have stated as far as the 5 year rule is concerned for sure you would still qualify. Maybe they will just  adjust it.

Sorry about your troubles. I hope it works out.

[Tathasthu 1]

On 2/15/2021 at 1:59 PM, ThaOne said:

Sorry about the divorce going on. At the time of filing (and still now) you were married, so you did not lie on your application. You have been a GC holder for a long time, so you would qualify under the 5 year rule regardless of the divorce happening after the fact. If the divorce decree comes up before the interview, then you should add that to your documents as USCIS asks that any change in status be mentioned. They also ask at the oath ceremony if anything has changed since even after the interview. I am not sure if you filed under the 3 year rule originally whether they just adjust it to the 5 year rule if things change or if you are supposed to re-file under the 5 year rule, but as others have stated as far as the 5 year rule is concerned for sure you would still qualify. Maybe they will just  adjust it.

Sorry about your troubles. I hope it works out.

You are absolutely right.

 

Just wanted to update, that it all worked out and I am now a citizen! A heartfelt thank you to all those who replied and for being so helpful during this process. Wishing everyone the best!

[Dashinka 25,865]

28 minutes ago, Tathasthu said:

You are absolutely right.

 

Just wanted to update, that it all worked out and I am now a citizen! A heartfelt thank you to all those who replied and for being so helpful during this process. Wishing everyone the best!

Congratulations!