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Applying for citizenship currently separated N-400

Applying for citizenship currently separated N-400

Old Feb 24th 2013, 1:59 am
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Default Applying for citizenship currently separated N-400

Firstly thank you for taking the time to read my thread, finding conflicting information online thought it best to ask here.

I have Lived in the USA for 7.5 years and permanent residency via marriage for over 6.5 years.

I'm applying for citizenship but have been separated for the last 18 months after finding out of her adultery.

Now as I understand it as nether of us has filed separation or divorce we are still legally married, do I complete N-400 marking married or use the 'Marriage annulled or other,' section and complete 'other' writing in separated?

Am I correct is saying to complete N-400 as separated paperwork has to be filed legally through the courts as separated? Which again nether of us has or will be doing. We both won't be seeking a divorce for several months as selling our home first so there will not be an issue of saying married at interview and then getting separated/divorced in the interim before Oath Ceremony.

If I am applying via the five year residence rule will they still require a copy of my wife's passport, birth certificate and marriage certificate? Could present an issue as very unsetting for me when communicating with her and would prefer to save myself this emotional stress?

Appreciated - Carl.
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Old Feb 24th 2013, 2:30 am
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Default Re: Applying for citizenship currently separated N-400

Originally Posted by carloverthepond View Post
I have Lived in the USA for 7.5 years and permanent residency via marriage for over 6.5 years.
If you've been a US PR for 6.5 years, then you will qualify to file the N-400 based on 5 years as a USC (you're not filing based on 3 years of marriage to a USC).

Now as I understand it as nether of us has filed separation or divorce we are still legally married, do I complete N-400 marking married or use the 'Marriage annulled or other,' section and complete 'other' writing in separated?
No. You are currently legally married. Check the box marked "married".

Am I correct is saying to complete N-400 as separated paperwork has to be filed legally through the courts as separated?
I don't know the answer to that question, but since you are married, it doesn't apply to you.

If I am applying via the five year residence rule will they still require a copy of my wife's passport, birth certificate and marriage certificate?
What do the N-400 instructions ask for? What does the USCIS Guide to Naturalization say about it?

You only need to submit paperwork with the N-400 which is required in the N-400 instructions and the USCIS Guide to Naturalization.

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Old Feb 24th 2013, 3:13 am
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Default Re: Applying for citizenship currently separated N-400

Originally Posted by carloverthepond View Post
Now as I understand it as nether of us has filed separation or divorce we are still legally married, do I complete N-400 marking married or use the 'Marriage annulled or other,' section and complete 'other' writing in separated?
You're still married, check "married".


Am I correct is saying to complete N-400 as separated paperwork has to be filed legally through the courts as separated?
Separated is not an option. You're still married. That said, when you're applying based on 5 years as a PR and not 3 years married to a USC, your marital status is pretty much irrelevant.


If I am applying via the five year residence rule will they still require a copy of my wife's passport, birth certificate and marriage certificate?
I don't believe so, no. You must complete the information as it relates to her, but you aren't required to prove it... since you're applying based on 5 years as a PR.

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Old Feb 24th 2013, 4:28 am
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Default Re: Applying for citizenship currently separated N-400

Thank you again for the prompt replies Rene & Ian your advise has been invaluable.
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Old Feb 24th 2013, 3:45 pm
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Default Re: Applying for citizenship currently separated N-400

They actually put your marriage status on your naturalization certificate. I was surprised when I was handed mine and the first thing I saw was 'DIVORCED' in big, black, bold letters. Seems odd to put any kind of marriage status on an official document when that status can change.
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Old Feb 24th 2013, 3:55 pm
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Default Re: Applying for citizenship currently separated N-400

Originally Posted by Cardienscarf View Post
They actually put your marriage status on your naturalization certificate. I was surprised when I was handed mine and the first thing I saw was 'DIVORCED' in big, black, bold letters. Seems odd to put any kind of marriage status on an official document when that status can change.
Considering other people can potentially gain an immigration benefit based on their relationship to you at the time of your oath, knowing their status at that moment in time could be quite useful.
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Old Feb 24th 2013, 4:03 pm
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Default Re: Applying for citizenship currently separated N-400

Originally Posted by sir_eccles View Post
Considering other people can potentially gain an immigration benefit based on their relationship to you at the time of your oath, knowing their status at that moment in time could be quite useful.
Yes, I understand that, but I could get married tomorrow which would change the status and therefore it means nothing on the nat. cert. They don't put children (dead or alive) or parents (dead or alive) on there and they can be sponsored.
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Old Feb 24th 2013, 4:15 pm
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Default Re: Applying for citizenship currently separated N-400

Originally Posted by Cardienscarf View Post
They actually put your marriage status on your naturalization certificate. I was surprised when I was handed mine and the first thing I saw was 'DIVORCED' in big, black, bold letters. Seems odd to put any kind of marriage status on an official document when that status can change.
Yep! I'd put married on the form, then explain the situation at the N400 interview. It could cause complications if you were married on the day of your interview but divorced on the day of the natz ceremony because they'd have to reprint the certificate before you took the oath.
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