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tomigaoka

Filed for n400 (6+ years of marriage but possible divorce

By tomigaoka in US Citizenship General Discussion

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tomigaoka Explorer

tomigaoka   8

Posted
Filed: Timeline
Posted

 

So a friend of mine got married 2015 and got his GC August 2019, then filed n400 may 2021

 

Still waiting for interview probably will be on July but marriage falling apart this year

 

and they are now living separately and wife filing for divorce.

 

How badly will affect the N400 if during the date of interview a divorce paper has been filed but not approve OR divorce already approve.

 

 

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

He needs to withdraw his N400

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted
7 minutes ago, tomigaoka said:

Even the n400 was filed 5 year based and not on marriage? 

Not according to the dates in your original post, perhaps he gave you the wrong information 

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

tomigaoka Explorer

tomigaoka   8

Posted
Filed: Timeline
  • Author
Posted
9 minutes ago, Boiler said:

Not according to the dates in your original post, perhaps he gave you the wrong information 

 

9 minutes ago, Boiler said:

Not according to the dates in your original post, perhaps he gave you the wrong information 

 

Okay you are right

 

Married: July 2015

Got 1st GC:  August 16

Filed n400 5 years: May 2021

 

Does this make sense? He said he  got another GC during 2019 for10 year

 

 

mushroomspore Proficient

mushroomspore   3,044

Posted
Filed: Citizen (apr) Timeline
Posted
26 minutes ago, tomigaoka said:

 

 

Okay you are right

 

Married: July 2015

Got 1st GC:  August 16

Filed n400 5 years: May 2021

 

Does this make sense? He said he  got another GC during 2019 for10 year

 

 

The timeline makes sense but he still needs to withdraw his N400 and reapply in 2024. If he was still married, then he was okay to file N400 now. But since he's getting divorced, he can't apply under the 3-year rule anymore. The N400 clock starts counting from when you are approved as a permanent resident, not from the time of marriage.

Boiler Grand Master

Boiler   45,657

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Looks like he filed 90 days before his 5 years which would be ok

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

tomigaoka Explorer

tomigaoka   8

Posted
Filed: Timeline
  • Author
Posted
29 minutes ago, mushroomspore said:

The timeline makes sense but he still needs to withdraw his N400 and reapply in 2024. If he was still married, then he was okay to file N400 now. But since he's getting divorced, he can't apply under the 3-year rule anymore. The N400 clock starts counting from when you are approved as a permanent resident, not from the time of marriage.

Its filed as 5 YEARS

CMJuilland Collaborator

CMJuilland   485

Posted
Filed: Citizen (apr) Country: Switzerland
 Timeline
Posted

If his “resident since” date is, in fact, August 2016, then he should be fine.  The divorce shouldn’t affect his naturalization as it is not grounds for the N400 (which it would be if he had applied under INA 319a, 3-year-rule).  His marriage may or may not still be looked at, but it is not illegal to get divorced; marriages fall apart all the time, so the simple fact of him and his wife are divorcing won’t affect the N400 (again, granted that he became a resident in 2016 and filed under the 5-year-rule, which it seems like he did). 

ROC: 

12/30/2019 package sent to Texas Lockbox via USPS 

12/31/2019 package arrived at Texas Lockbox 

01/02/2020 package signed for

01/04/2020 $680 charged on credit card

01/06/2020 text message and email with case number received

01/09/2020 extension letter received; notice date: 01/03/2020

02/22/2020 biometrics appointment letter received 

03/06/2020 biometrics appointment 

08/09/2021 I-751 approved

08/16/2021 Green Card received

 

Naturalization:

12/29/2020 application filed online and receipt number received 

01/04/2021 hard copy NOA1 received 

02/27/2021 electronic biometric reuse letter received

09/19/2021 interview scheduled - electronic notice received 

09/27/2021 hard copy interview notice received (issue date: 09/21/2021)

10/27/2021 interview (10.40am), approved

11/06/2021 oath ceremony (7.30am) 

 

I AM A U.S. CITIZEN!!!!! 

 

Passport:

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11/16/2021 money order cashed, passport “in process” (locator 69)

12/02/2021 approved and shipped

12/04/2021 passport book delivered

12/13/2021 passport card and NC delivered 

 

 

WeekendPizzaiolo Explorer

WeekendPizzaiolo   47

Posted
Filed: AOS (apr) Country: Brazil
 Timeline
Posted
22 hours ago, tomigaoka said:

 

So a friend of mine got married 2015 and got his GC August 2019, then filed n400 may 2021

 

Still waiting for interview probably will be on July but marriage falling apart this year

 

and they are now living separately and wife filing for divorce.

 

How badly will affect the N400 if during the date of interview a divorce paper has been filed but not approve OR divorce already approve.

 

 

You're a good friend for putting in the effort to check this.

 
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