N400 - Applied under marriage condition but now separated/moving to divorce - need advice please!

[KBBBN 0]

Hi everyone,

 

I’m hoping to get some advice on what would be the next best steps regarding my husband's (LPR) N400 application/his process to naturalization.

 

My husband (LPR) recently submitted his N400 application (October 2025). We have separated (same household but officially no longer together) and started divorce discussions. Technically, he will hit the LPR 5 year mark in April 2026 as (received his conditional green card in April 2021; conditions removed in 2023). 

 

He has not received an official interview date yet. 

 

From all I have read so far, right now it seems like he should wait until his interview and answer everything truthfully. So I guess my question is - should I wait to file divorce until after his interview? Does it even matter since he will need to answer truthfully about the separation? 

 

I recognize he may get declined during his interview (depending when it is) and have to reapply as a 5 year applicant. I also read there is a potential his naturalization could move forward if he’s at 5 years+ when the interview happens. 

 

Any advice on would be greatly appreciated. For the record, my husband and I are still on good terms but our relationship is irreconcilable so an urgent divorce filing is not needed, although I would prefer to not delay longer than I might need to.

 

Thank you!

 

 

 

[OldUser 10,943]

53 minutes ago, KBBBN said:

From all I have read so far, right now it seems like he should wait until his interview and answer everything truthfully.

Not really. If you guys separated, he is no longer eligible to naturalize under 3 year rule, as it requires living in marital union until the date of oath.

 

53 minutes ago, KBBBN said:

So I guess my question is - should I wait to file divorce until after his interview?

Do not wait, live your life. Waiting would be immigration fraud. Nobody should stay married to get immigration benefit.

 

53 minutes ago, KBBBN said:

I recognize he may get declined during his interview (depending when it is) and have to reapply as a 5 year applicant. 

Not declined, but denied with 99% certainty.

 

53 minutes ago, KBBBN said:

 Any advice on would be greatly appreciated. For the record, my husband and I are still on good terms but our relationship is irreconcilable so an urgent divorce filing is not needed, although I would prefer to not delay longer than I might need to.

 

Thank you!

 

 

 

Divorce, live your life. Husband should withdraw his N-400 today, he is not eligible. No explanation for withdrawal needed, just a letter saying he wants to withdraw whatever case # is and whatever alien # is. He is safe as he removed his conditions already.

 

Then he reapplies when reaches 5 years of being LPR. He may be asked about marriage etc in the future but it should not be a problem unless USCIS suspect fraud.

 

Everything else is calling for a trouble.

 

 

Good luck!

Edited 7 hours ago by OldUser

[Boiler 48,200]

Agree pull the N400
 

Apply when eligible