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Posted
3 hours ago, NorthByNorthwest said:

 

Assuming you file online the system will tell you exactly which supporting documentation to include. That is all that the formal application requires, however as OldUser pointed out, the adjudicating officer  can certainly look at your entire immigration history.

Additionally, the new policy memorandum from two week ago leaves a lot of room for interpretation, suggesting that adjudicators should look at the totality of circumstances:

 

https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf

 

It includes wording like this:

 

 

USCIS will place greater emphasis on an alien’s positive attributes and contributions in GMC

determinations. These positive factors include, but are not limited to:

 Sustained community involvement and contributions in the United States.

 Family caregiving, responsibility, and ties in the United States.

 Educational attainment.

 Stable and lawful employment history and achievements.

 Length of lawful residence in the United States.

 Compliance with tax obligations and financial responsibility in the United States.

 

Nobody knows what this means in practice yet, but the circumstances around your divorce could certainly be looked at.

Of course new policies showed up at a time like this, I may only fall under 3 or 4 of these criteria, but surely the divorce doesnt help 😞

Thank you for informing me of this, I had no idea, that would be something to be expecting then.

Our divorce will be filed at no fault (partner lost romantic interest over the year) so I hope thats one positive I suppose..

 

So as of right now, before filing for n-400 when the time is ripe, I dont have to inform the USCIS of my martial status once the divorce is complete? (except for possible address change)

Posted
45 minutes ago, DialNoises said:

Of course new policies showed up at a time like this, I may only fall under 3 or 4 of these criteria, but surely the divorce doesnt help 😞

Thank you for informing me of this, I had no idea, that would be something to be expecting then.

Our divorce will be filed at no fault (partner lost romantic interest over the year) so I hope thats one positive I suppose..

 

So as of right now, before filing for n-400 when the time is ripe, I dont have to inform the USCIS of my martial status once the divorce is complete? (except for possible address change)

I applied under 5 year rule, was asked about marriage. Lawyer stepped in and told officer it was irrelevant.

Posted
1 hour ago, OldUser said:

I applied under 5 year rule, was asked about marriage. Lawyer stepped in and told officer it was irrelevant.

 

Considering the circumstances, I will have to step into this without an attorney, I know how important it is to have one, but especially at a time like this and for the future ahead it wont be possible financially.

Thats why its important for me to learn how to deal with this myself 😞

Filed: Citizen (apr) Country: Russia
Timeline
Posted

Don't stress about it, you will be fine. Most people here do not bring attorneys with them even in complicated cases, and yours is pretty straight-forward. 

 

I have an N400 interview based on 3 year rule but was asked exactly 0 questions about my marriage. I assume this is what a standard 5 year rule interview will be like. Plenty of people share their experience on this website - perhaps read some posts before your interview if you still feel nervous then? 

Timeline:

Spoiler

AOS Journey:

Spoiler

 

08/19/2016 - day 0 - I-485, I-130, I-765 sent to USCIS office in Chicago (PD: 08/23/2016)

08/31/2016 - day 9 - electronic NOAs received via text and email, check is cashed.

09/08/2016 - day 17 - biometrics appointment notice received in the mail (appointment date 09/19/2016).

09/13/2016 - day 22 - early biometrics walk in.

10/28/2016 - day 67 - EAD status changed to "New Card Is Being Produced".

11/16/2016 - day 87 - EAD card received in mail.

06/27/2017 - day 309 - contacted the congressman office.

07/28/2017 - day 340 - finally received an interview appointment in mail (online status has not changed).

08/31/2017 - day 374 - Interview; I-485 status changed to 'New Card Is Being Produced'

09/08/2017 - day 382 - greencard received in mail

I-751 & N400 Journey:

Spoiler

06/20/2019 - day 1036 - ROC packet mailed (PD: 06/21/2019)

06/29/2019 - day 1045 - NOA/Extension letter received in the mail (new GC expiration date is 2/28/2021)

01/17/2020 - day 1256 - biometrics appointment

06/03/2020 - day 1382 - N400 filed online (PD: 06/04/2020)

02/01/2021 - day 1626 - Biometric Reuse notice uploaded to my online account

02/08/2021 - day 1634 - Interview Appointment notice uploaded to my online account

03/16/2021 - day 1670 - N400 Interview - passed; due to I-751 stuck in another office 'No decision can be made at this time'

06/01/2021 - day 1747 - with help of Sen. Sanders' office, I-751 file finally forwarded to St. Albans field office

06/28/2021 - day 1774 - I-751 status changed to 'New Card is Being Produced'; N400 status changed to 'Oath Ceremony Will Be Scheduled'

08/19/2021 - day 1826 (exactly 5 years since day 0) - Oath Ceremony (notice received on 7/19/21)

 

 

 

Posted
2 hours ago, .yana said:

Don't stress about it, you will be fine. Most people here do not bring attorneys with them even in complicated cases, and yours is pretty straight-forward. 

 

I have an N400 interview based on 3 year rule but was asked exactly 0 questions about my marriage. I assume this is what a standard 5 year rule interview will be like. Plenty of people share their experience on this website - perhaps read some posts before your interview if you still feel nervous then? 

Thank you for the assurance, 

And yes this is what I usually do, obsessively, I research pretty hard here at times when I have the battle against the immigration. 

It was hard then, I've grown older since and it be harder now, but it is what it is! 

Posted

They are, well, have been currently staying with family, their stay isnt guaranteed permanent and I am not quite sure of their housing plans at the moment, chance they may keep staying where they are at the moment, but theres no telling if they are coming back to our residence or not and I cant get a clear answer from them as they are still figuring out what they want.

They want to be the one working on the divorce papers so I will let them (and review before signing) but it seems like they are taking a good bit.

My concern is, should I update the USCIS that we're separated until the divorce is complete?  and should I if im uncertain of whats going on? 

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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