N400 - 5 year rule - Going through divorce

[Katya Chas 0]

Hi all! Thanks in advance for your advice. I’m prepping my N-400 application under the 5 year rule while my husband and I are going through divorce. At the time of my submission the divorce won’t be finalized. How should I describe my marital status? We are separated (not living together but it’s not a court ordered separation). Married? Separated? Certainly not yet divorced… Feeling confused. Thank you!

 

[Mike E 11,723]

Married 

[Mobius1 175]

You are legally married until the minute the judge signs your final order/ decree. However, there is an argument if court mandated separation vs no court order separation is the same thing for n400. I am leaning towards its the same and should select separated since its also safer. Perhaps a good question for your lawyer, if you have one. Perhaps also a good idea to ask on Avvo.

 

However, I think it wont be a deal breaker with whichever you go, since 5 year rule is you solo and has no bearing on marriage / separation.

 

Just inform the officer before you sit down for the interview. Let them know you weren't entirely sure about this. He/ she will change it according to the way they prefer it with no penalty to you.

[Katya Chas 0]

9 hours ago, Mobius1 said:

You are legally married until the minute the judge signs your final order/ decree. However, there is an argument if court mandated separation vs no court order separation is the same thing for n400. I am leaning towards its the same and should select separated since its also safer. Perhaps a good question for your lawyer, if you have one. Perhaps also a good idea to ask on Avvo.

 

However, I think it wont be a deal breaker with whichever you go, since 5 year rule is you solo and has no bearing on marriage / separation.

 

Just inform the officer before you sit down for the interview. Let them know you weren't entirely sure about this. He/ she will change it according to the way they prefer it with no penalty to you.

Super helpful. Thanks so much! 

[LanF 4]

Hi All,

Just came here to seek for advices from you guys as I am going through a similar situation as Katya Chas. I got my green card through marriage with a US citizen since Sept. 2015.  We are still living together in the same house but have been physically separated for 2.5 years. I'd never thought about applying for a US citizenship until recently. I'm planning to have a divorce soon.

 

Am I eligible to apply for a US citizenship while filing for a divorce? 

[Lil bear 3,840]

12 minutes ago, LanF said:

Hi All,

Just came here to seek for advices from you guys as I am going through a similar situation as Katya Chas. I got my green card through marriage with a US citizen since Sept. 2015.  We are still living together in the same house but have been physically separated for 2.5 years. I'd never thought about applying for a US citizenship until recently. I'm planning to have a divorce soon.

 

Am I eligible to apply for a US citizenship while filing for a divorce? 

Yes. The 5 year rule does not require the initiating marriage to still be in place.