justmarriedusciti

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.

I did my AOS based on my marriage to a US Citizen and got my two year GC in early 2021. I have been eligible to apply for N400 for a few weeks now while I wait for my 10 year GC to arrive (already have the 4 year extension to after removal of conditions). My wife and I are legally separated for almost a year. She ran off after I threatened to call the cops after continuous and regular domestic violence. She then filed for divorce on charges that were proved to be false during a hearing. She is telling our mutual friends that since I'm not a US citizen that I intend to run off with our child to another country (also untrue). I want to apply for my N400 to prove that I am not running away anywhere. Will USCIS accept my case instead of making me wait for the 5 year period?