afroduke

I have been married to a USC for over 3 years now(i was due for filing for naturalization since december last year) and just sent in my N400 application with the fees and have been scheduled for fingerprinting already. Problem is my marriage is on the rock and I'm not sure bout it lasting the whole 4 months or so before the interview.

My question is:

Do i still qualify for naturalization since i've been married to a USC for over 3 years if we get divorced after that 3 years during my N400 process?

An answer will be appreciated

Ray

The length of your marriage is not inportant
The date you received your green cars is the start date ..for the 3 year before naturalization due to marriage to a cit
If you divorce ..I think you will have to do another 2 year wait ..
i.e 5 years after GC


be extra extra sweet for a few more months ...

Noorah101

If your divorce becomes final before you take your oath ceremony, you will need to wait 5 years from becoming a PR, instead of 3.

Rene

afroduke

Thanks for your response. I was actually calculating my permanent residence(first green card)date as oppossed to when i got married. My green card was gotten precisely 3 years before last december. But from the couple of reponses i guess that dont matter...or does it

fatbrit

Don't think it's just divorce but believe you have to be living in "marital union" all the way up to the oath ceremony to take advantage of the reduced 3-year residency. A paper marriage is not sufficient.

Rete

Sorry the marriage didn't work out for you and your USC. You went through a lot to get your K-1 visa approved on May 20, 2004 from the US Consulate in Nigeria.

If you just sent your N-400 in there is absolutely no guarantee that it will be adjudicated successfully and your oath ceremony completed inside of four months.

The upside is that you only have to wait the additional 1 yr plus odd months until you have been a LPR. I'm assuming that your I-751 was approved by now and that you are still not waiting on that.

If not, there are other worries that need to be addressed before you are eligible for naturalization.

afroduke

My I-751 has long been approved over a year ago and I currently possess the 10 yrs permanent residency green card. Thing is, I was hoping to get naturalized within the year so I could work on stuff back home that'll require me to be out of the country for over 6 months per year. My marriage is not totally over and we still share the same residence but it's going to be hard to put up till the end of the year but I guess I just have to in order to work on what I got going on and not just loss the N-400 filing fees and all.

The story is, my USC wife became deeply entangled in a cult-like anti-government conspiracy theorist group that has literarily destroyed everything she formally owned and she's still being defiant hanging unto them religiously. This is the type of group with the ideology that the government, law enforcement, banking system etc is illegal. It's a pretty long story but within the last year we have lost how home to foreclosure(after she was made to stop paying her mortgage with the notion that it's illegal); she has lost her kids from her previous marriage after a custodial interfference breach stemming from advice from this group; she was convicted of a felony due to the custodial interferrence charge and spent 6 weeks in jail for it due to her failure to co-operate with authorities since she believes they have no jurisdiction over her; and she has also lost her career as a pre-school teacher due to her felony conviction.

I will see what I can do to bear till the oath thing but its gonna be really hard bearing to put up with a person who's currently living outside of reality and can be rightfully termed mentally unsound at this point

Ray

Sounds similar to Wesley Snipes

Noorah101

You can always go for the separation and divorce, remain a US PR, and apply for a re-entry permit which allows a PR to be outside the USA for up to 2 years. Working overseas is a very good reason for being outside the USA for that long. You must maintain your ties to the USA, but you can go ahead then and take the assignment overseas. Staying outside the USA will prolong your filing for US citizenship, but with what you described, it might be worth it. The re-entry permit is renewable for another two years.

When you come back from your overseas assignment, you can get back on track with your US citizenship.

Rene

Folinskyinla

Hi:

To be precise, one must be residing in "marital union" with the US citizen as a permanent resident before filing for naturalization, and must remain in residing in marital union at time of swearing in.

If you separate, the N-400 will go by the wayside and you will refile when you have the five years.