laks

I am married to US citizen in 2003. Got conditional GC in Sep 2004 and Permanent GC in Dec 2006. Applied for N400 in July 2007( after completion of 2years and 9 months. I paid 400 USD fee at that time I got NOA in Oct 2006 asking me to pay the increased fee. I wrote a letter explaining him that I paid before the hike. For some unkown reasons my application got delayed and I get call for interview now.
My relations between my wife and me got bad and we were not living together since jan 2008 and she filed for divorce in June 2008 and my divorce is still pending in the court.
Since i am called for interview I will attend and explain the story. I guess I wont be eligible for N400 since we are not living together. I will tell the officer that I will apply for N400 in June, 2009 after completion of 4 years and 9 months.Any suggestions or advice for the interview. what documents shouls I take ? I guess I donot have to take IRS returns, Financial statements, lease etc.
Appreciate your input.

Norri

As you already assume, it looks like you will be denied due to the break down of your marriage.

It may be as well to just write and explain your circumstances and not attend the interview at all, if you do wish to attend, I don't think you need to take any particular documents except perhaps evidence of the pending divorce.

JAJ

Does a pending divorce render one ineligibile? Or does the divorce have to be final to count?

Norri

My understanding is that you have to be able to prove that the marriage is still valid.

Rete

yes, it does.

One must be living and viably married to the same USC spouse at the time of the interview and the time of the oath ceremony.

meauxna

It's supposed to be a 'viable marital union'.

Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

* the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
Spouses of U.S. Citizens

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

* the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;

o the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

o the applicant meets all other naturalization requirements.

o the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and

o the applicant meets all other naturalization requirements.

laks

Thanks for your responses. As I mentioned earlier that my divorce is pending in the court. My wife applied for divorce in June 2006 and I am paying APL/Spousal support to her since August 2008. In february of 2009, we both agreed in the court that we have been separated since Dec 2007.

I am planning to take my marriage certificate, Divorce application, separation agreement along with my GC and my passport and may be IRS staements. We filed together last time in April 2007. 2007 and 2008 filed as married but filing separately. I also wrote a letter to USCIS that we are living separately in Jan 2009.

Any Input is appreciated

ian-mstm

If you attend, you will surely be denied as ineligible... a complete waste of time for both you and the interviewer. Why not simply contact them, say you aren't coming, and reapply in June? In June, your marriage/divorce becomes irrelevant for naturalization purposes, and all that really matters is that you've been a PR for 5 years.

Ian