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Results 1 to 8 of 8

Thread: Marriage based N400 and divorce.

  1. #1
    Greetings brethrens. My USC wife filed for divorce 2 weeks ago. The problem is: I'm scheduled for my n400 interview in 3 weeks. We've been married for almost 8 years, we've been through thick and thin and have threatened each other with divorce many times before. We still live together even though we don't get along. I explained the issue with my interview and she said that because she will always have feelings for me, she will not go to court to finalize the divorce until i complete the naturalization process. Her lawyer told her that if i do not contest the divorce, it can be finalized in about 3 months. She has even promised to come to the interview with me even though my lawyer said that she is not required to do so.

    My question is: Is it safe to go to my interview or should I withdraw my petition and wait for 2 more years. If divorce has been filed but not finalised, do i qualify for marriage based naturalization?

    [This message was edited by simpleton on December 16, 2003 at 05:06 PM.]

  2. #2
    Greetings brethrens. My USC wife filed for divorce 2 weeks ago. The problem is: I'm scheduled for my n400 interview in 3 weeks. We've been married for almost 8 years, we've been through thick and thin and have threatened each other with divorce many times before. We still live together even though we don't get along. I explained the issue with my interview and she said that because she will always have feelings for me, she will not go to court to finalize the divorce until i complete the naturalization process. Her lawyer told her that if i do not contest the divorce, it can be finalized in about 3 months. She has even promised to come to the interview with me even though my lawyer said that she is not required to do so.

    My question is: Is it safe to go to my interview or should I withdraw my petition and wait for 2 more years. If divorce has been filed but not finalised, do i qualify for marriage based naturalization?

    [This message was edited by simpleton on December 16, 2003 at 05:06 PM.]

  3. #3
    The divorce will have no effect on your naturalization application; as long as you have valid LPR status, and meet the other criteria for citizenship, BCIS will not care about your marital status. Remember, once your green card is no longer conditional, divorce has no effect on your LPR status; similarly, divorce has no effect on applying for citizenship.

  4. #4
    Lawgal, i'm sorry if i wasn't clear. I filed the n400 saying that i'm still married (which i was and still i'm). Had i not been married to a USC i would have had to wait an extra 2 years.

  5. #5
    Simpleton

    When were you issued your Permanent Green Card?
    You say you were married for 8 yrs. How long did you have gc?

    Very simple. If you have marriage to USC for 3 yrs you apply for citizien provided it is ongoing marriage. You can apply at any other time after 5 yrs with gc.

    If you have had gc for 5ys plus then it doesnt matter if you get divorce.
    So figure out where you fit in with this.

  6. #6
    4 now, I've had the GC for 3 and a half years. I WAS married to a USC at the time that i filed my N-400. My wife has just filed for divorce. Should i withdraw my petition. I did not know my wife was going to file for a divorce. My interview is in 3 weeks.

  7. #7
    Hi simpleton
    You didn't do anything wrong as at time of filing N 400 you were still married. Now the question is should you withdraw this application and wait for more 15 months to file it on base of 5 yrs continuous stay? Neither of it will affect anyhow on your permanent resident status...

    In my opinion if you can talk to your wife and she agrees to wait till your interview you wont have to do again all this procedure...even if she doesn't agree to that then there is no problem as you will have to wait for couple of more months and then file on 5 yrs stay ground...Good luck...Pasha

  8. #8
    Simpleton

    Pasha is correct. See if you can get wifey to accomodate you. You are so close ,interview and everything. It would seem a shame being that you were married for 8 years.

    Procrastination of filing papers may not have been a good thing given this timeline now.

    Best Wishes!

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