Naturalization during a divorce

Old Jul 1st 2020, 7:05 am
  #1  
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Default Naturalization during a divorce

I've decided that I want to apply for naturalization, for various reasons. My current situation is as follows:
  • I married my USC wife in 2007 in the UK
  • I immigrated to the US in 2009 and got my green card (renwed last year)
  • My wife and I separated in February 2019 (I actually moved out in December 2018, but initially it was just for employment)
  • The separation is informal, not legal
  • My wife filed for divorce in December 2019, but nothing is currently happening due to the courts being closed because of the pandemic

Because of the time it takes for naturalization, it's likely that the divorce will be finalized while my application is pending. Is this likely to be a problem? Do I choose 'married' or 'separated' on my N-400? I assume the former, since the separation is informal, but do I need to provide some kind of explanation about the separation and pending divorce? Older threads that address this seem to refer to an older version of the form where 'separated' was not an option.

I need a number of documents (or copies thereof) from my wife, including those pertaining to her previous marriage. Is she obliged to provide those? Can she prevent me from applying by refusing to provide those documents if she were so inclined?
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Old Jul 1st 2020, 11:59 am
  #2  
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Default Re: Naturalization during a divorce

Your marital status has no bearing on your N400 application and USCIS won't care.

Your application should state separated if that's actually the case.

She cannot do anything to hold up or delay your application for USC, but she can hardly be compelled to provide you with documents that aren't legally yours. Divorce records are usually public record though if you know the court that dealt with it. If you cannot get that information, clearly indicate so on the application and explain at the interview.
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Old Jul 1st 2020, 5:03 pm
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Default Re: Naturalization during a divorce

You will be basing the N-400 on 5 years as a PR, so your divorce/separation is irrelevant. Just provide the basic docs.

Rene
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Old Jul 1st 2020, 5:24 pm
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Default Re: Naturalization during a divorce

Originally Posted by Noorah101 View Post
You will be basing the N-400 on 5 years as a PR, so your divorce/separation is irrelevant. Just provide the basic docs.

Rene



AS noted your marital status has no bearing on your PR status or your eligibility to file for naturalization. As Rene noted you will be filing under the 5 years as a permanent resident not under the 3 years based on an ongoing marriage to a USC
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Old Jul 1st 2020, 5:56 pm
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Default Re: Naturalization during a divorce

Originally Posted by Noorah101 View Post
You will be basing the N-400 on 5 years as a PR, so your divorce/separation is irrelevant. Just provide the basic docs. .....
That's all the relevant advice that Danellis needs in reponse to his questions.
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Old Jul 1st 2020, 10:20 pm
  #6  
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Default Re: Naturalization during a divorce

I filled my N-400 in 2018 on the basis of 5 years as a PR. I was still required to fill in the details for my wife and children and provide some documents including my marriage certificate.

Per the guidance on page 11, item 4 and 5 they still want the evidence listed. What you don’t have to submit if you are going on the basis of 5Y is the evidence listed in item 7. A.

https://www.uscis.gov/system/files_f...pdf?download=1

I applied online and the form guides you through what you need. You can upload copies of the documents, but I think I had to take the originals to the interview.
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Old Jul 2nd 2020, 1:12 am
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Default Re: Naturalization during a divorce

Originally Posted by Noorah101 View Post
You will be basing the N-400 on 5 years as a PR, so your divorce/separation is irrelevant. Just provide the basic docs.

Rene
Even so, any subsequent marital status (divorce/remarry/address change etc) changes will need to be documented at the interview "just for the record". It wont affect eligibility, but could cause a delay/ rfe. I had been divorced 4 years and pr 8 or so years and got rfe for divorce cert.
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Old Jul 2nd 2020, 3:17 am
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Default Re: Naturalization during a divorce

If applicable, payment of child support goes to a determination of good moral character.
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