Mike

so here is the question
after 3 years here in the us, 5 of marriage, I file for citizenship
now you can not do that if you are divorced of course
but: what if you are starting filing for divorce (it will take half a
year for the divorce to be effective)?
is the application still ok? or even starting filing for divorce is
considered as termination of marriage?
thanks

Folinskyinla

Hi:

Yes its OK to file it. It will be denied but you are more than free to file. But I'm curious, why do you want to waste your time and money since you won't qualify until you have five years of LPR status?

BTW, its three years of residing together in "marital union."

Rete

To be eligible for the three rule for naturalization you must be a resident for three years and married and still living with (marital union Mr. F spoke of) for three full years. CIS considers a filed petition for divorce the same as a finalized divorce. You will not be eligible for naturalization until you have a full five years (less 90 days) of residency under your belt.

Mike

the union was true
and it's three years we are here in the US together, so it's ok to file
(5 years of marriage, 3 years in the US, 3 years of green card).
the problem I think is that the marriage is at the end in our opinion,
and considering the time it will take to get the citizenship once
applied, this will imply we have probably started filing for divorce in
the meantime.
but from the other reply it seems that filing for divorce is considered
divorce, so it's not really worth maybe.