Application Withdrawal before Second N400 Interview

[WTE 0]

Hello everyone, I need advice/opinion regarding my case.

 

A little backstory, my husband was unfaithful and had a child outside of wedlock. It caused a lot of raucous but I did not want to lie on my application so I decided to declare the child during my applucation. I had my N400 interview in January of 2023 and haven't heard back from them. We had a home visit a few weeks ago, my husband was not home but I was. They checked rooms, took pictures and walked around. After the visit, we had a fight which led to him punching and assaulting me and walking out on me. I haven't seen or heard from him since then. I have called and texted and it all goes unreplied. I have gotten advise to divorce him due to the constant cheating, lying and on top of that, physical and verbal abuse. 

 

I just received another letter asking us to come in for another interview. At this point, our marriage is not good anymore. My husband is an addict and he got arrested for possession about a year ago. I am in the process of contacting lawyers to kickstart the separation and eventual divorce. 

 

My question is, should I attend the upcoming interview and state my case or should I send a letter to the USCIS with the intent to withdraw my case and file again later based on the 5 year rule after the divorce is final? I will appreciate your opinions. Thank you

[Dashinka 23,272]

Sorry to hear what you are going through, I hope you keep yourself safe.  Yes, I would withdraw the application and then re-apply under the 5 year rule.  You can do that by sending a written withdrawal request to the address on the interview NOA, or you can request a withdrawal at the interview when the IO calls you back.  Personally, it is it not too much of an inconvenience to go to the interview, I would do it then as the IO should give you a receipt notice then.

 

Good Luck!

[Timona 3,947]

You're heading for a stokes. That's for sure.

 

I'd do as @Dashinka said. 

[OldUser 4,885]

I think it was a mistake filing under 3 year rule given shaky marriage with cheating, abusing and addicted person. There's a chance you're going to be grilled about your relationship even at N-400 based on 5 year rule. But should you continue with application filed under 3 year rule? I don't think so.

 

Sorry you're going through this. I think it's time to get the life sorted. Immigration can be put on back burner.

Edited October 19, 2023 by OldUser

[Crazy Cat 39,322]

23 hours ago, WTE said:

I just received another letter asking us to come in for another interview.

That is not going to be a pleasant interview.  I tend to agree with the others here.  Wait and apply under the 5 year rule.