FIling N400 while I130 pending (separated from spouse)

[phoenyxx 30]

Hi all, some background: Married my partner in Jamaica, as petitioner I filed I130 in 2020, still pending. Friendship & marriage deteriorated, we're separated but per Jamaican law we have to have been separated for a year if married at least 2 years to legally file for divorce; he's still in Jamaica - never visited US.

I get to file to naturalize in 3 weeks.

1. Do I need to contact USCIS and cancel the pending I130 before I submit or just let it lapse? I've removed him from my bank accounts, life insurance policies, etc

2. When submitting my application, am I filing as separated? All my taxes since 2020 were filed as single because he does not have a tax ID or SSN.

3. Prolly silly/sentimental: I currently use his last name on most of my documents esp since I used those on our I130 application, except my Ja passport & driver's license - is Firstname Middlename Maidenname Marriedame a sensible/valid choice? 

 

I no longer consider myself married, and I'm not sure how to submit my application while I have no divorce decree or anything to indicate we're separated except for a random text between us last year. Will my separation have any effect on my filing for naturalization? I'm hoping it won't matter, tbh.

 

Thanks.

Edited March 7, 2022 by phoenyxx

[JeanneAdil 7,044]

send a letter to cancel the petition

case #

both names 

both DOB's

send it ASAP 

 

u can divorce in the US 

and this will not affect naturization as marriage and/or divorce  to an intending immigrant has nothing to do with your process

[Dashinka 25,741]

I agree, if the relationship is irreparable, cancel the I130 per @JeanneAdil response, don't let it linger.  I also agree, this will not impact your N400.

 

Good Luck!

[Mike E 11,750]

49 minutes ago, phoenyxx said:

2. When submitting my application, am I filing as separated?

You are married until you have legal separation.

Quote

All my taxes since 2020 were filed as single because he does not have a tax ID or SSN.

You need to amend your tax returns to refile 2020 and 2021 as married filing separately and pay any additional tax that you owe. A successful N-400 requires Good Moral Character (GMC), and per https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5 non-compliance with the tax code isnt GMC.

[Boiler 47,303]

Why not divorce in the US?

[phoenyxx 30]

22 minutes ago, Boiler said:

Why not divorce in the US?

I think it might be cheaper to do it outside the US.

But the time frames are similar. I live in PA, so I'd had to file a No-Fault divorce, my options:

a. mutual consent - where we'd each have to file an affidavit that we both consent to said divorce - and 90 days have to have passed since we agreed

b. if my spouse is not in agreement, we'd have to be living separately for at least two years. 

 

Anything financial will fall on my shoulders since I was the main breadwinner and paid for all fees, etc. He has no way to visit the US, so if he has to file anything, that'd also have to be on me, and if I'm being honest - I don't know if he'll file for alimony since he might technically be eligible. We have no children, property or assets together.

[phoenyxx 30]

2 hours ago, Mike E said:

You are married until you have legal separation.

You need to amend your tax returns to refile 2020 and 2021 as married filing separately and pay any additional tax that you owe. A successful N-400 requires Good Moral Character (GMC), and per https://www.uscis.gov/policy-manual/volume-12-part-f-chapter-5 non-compliance with the tax code isnt GMC.

I used a tax service to file last and this year and both times they filed for me as single and I was told this was because my ex was outisde the US and had no tax ID or SSN.

I have no issues amending either now, since I'd prefer to have all my bases covered before I submit.

[Mike E 11,750]

4 minutes ago, phoenyxx said:

I used a tax service to file last and this year and both times they filed for me as single and I was told this was because my ex was outisde the US and had no tax ID or SSN.

You were given incorrect advice. 

4 minutes ago, phoenyxx said:

I have no issues amending either now, since I'd prefer to have all my bases covered before I submit.

👍

[Pinkrlion 2,725]

6 hours ago, phoenyxx said:

Hi all, some background: Married my partner in Jamaica, as petitioner I filed I130 in 2020, still pending. Friendship & marriage deteriorated, we're separated but per Jamaican law we have to have been separated for a year if married at least 2 years to legally file for divorce; he's still in Jamaica - never visited US.

I get to file to naturalize in 3 weeks.

1. Do I need to contact USCIS and cancel the pending I130 before I submit or just let it lapse? I've removed him from my bank accounts, life insurance policies, etc

2. When submitting my application, am I filing as separated? All my taxes since 2020 were filed as single because he does not have a tax ID or SSN.

3. Prolly silly/sentimental: I currently use his last name on most of my documents esp since I used those on our I130 application, except my Ja passport & driver's license - is Firstname Middlename Maidenname Marriedame a sensible/valid choice? 

 

I no longer consider myself married, and I'm not sure how to submit my application while I have no divorce decree or anything to indicate we're separated except for a random text between us last year. Will my separation have any effect on my filing for naturalization? I'm hoping it won't matter, tbh.

 

Thanks.

It doesn't matter, cancel I-130 by writing a letter to Service Center.  In order to change your legal name, did you ever change it with SSA?  Then you can use your maiden name as last name.  

[JeanneAdil 7,044]

3 hours ago, phoenyxx said:

I used a tax service to file last and this year and both times they filed for me as single and I was told this was because my ex was outisde the US and had no tax ID or SSN.

I have no issues amending either now, since I'd prefer to have all my bases covered before I submit.

Married is married and you can file MFJ or MFS or head of household but not single

sounds like your tax preparer didn't know about ITIN