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John951

Divorce after N-400 filed

By John951 in Effects of Major Family Changes on Immigration Benefits

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John951 Enthusiast

John951   54

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Filed: K-1 Visa Country: Thailand
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It looks like I'll be getting a divorce from my wife, but I have not started the process. We just filed the N-400 at the end of August.

 

If the divorce is finalized before her interview will that effect her eligibility to apply for citizenship? A marriage based filing, 4 years after she has had her green card.

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OldUser Mentor

OldUser   4,984

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7 minutes ago, John951 said:

If the divorce is finalized before her interview will that effect her eligibility to apply for citizenship? A marriage based filing, 4 years after she has had her green card.

Yes, she won't be approved for citizenship under 3 year rule, given the divorce. She'd have to re-apply under 5 year rule herself.

Edited by OldUser
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Dashinka Grand Master

Dashinka   23,329

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Filed: Citizen (apr) Country: Russia
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I agree.  She may want to withdraw the N400 application.  This thread may be helpful.

 

Good Luck!

 

 

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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