Applying for N400 during legal separation

[justmarriedusciti 7]

I did an AOS from my H1B to GC. I have been a permanent resident since the last 5 continuous years now. Have no criminal history or tax offenses. 

The only real issue in my situation has been a long term divorce and child custody case that's been holding out for 3 years now. I do not know when the decree will be issued, nor when the child custody case will be finalized. My lawyers have said it should come sometime mid-2026. There were no issues of infidelity or anything like that, but the marriage was full of physical abuse and the court has been taking a lot of that into consideration for this custody case. 

 

I am aware of the 8/15/25 Good Moral Character Memo as well, and have enough documentation to prove that: neighbor's letters, community and church involvement, mentoring, employer letters, etc. . 

I am eligible to apply for N-400 on the 5yr rule but have not started the process yet. I'd like to do so in order to ensure the safety of my child and to prove to the court that I am serious about settling in the United States long term. I have no criminal/DUI/minor offense history, always have filed taxes on time (always paid any taxes due on time as well), and am current on the small amount of child support I pay...

 

So the question is...is it okay to go ahead and file the N-400 on 5yr rule while I wait for the divorce decree to come? I am okay hiring an immigration lawyer as well in case that is recommended in the current climate. FWIW, I am a British Citizen.  

Edited 6 hours ago by justmarriedusciti

[Dashinka 26,356]

I would consult with your divorce lawyers to see if applying for citizenship would help your divorce case, and possibly an immigration attorney, but based on your story, I don’t see any issue with applying under the 5 yr rule while the divorce is still ongoing.  You can always update the case if the divorce is finalized while the N400 is finalizing.

 

Good Luck!