Divorce filed after citizenship interview. Will this affect my case?
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Divorce filed after citizenship interview. Will this affect my case?
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I had my citizenship interview in November last year and was approved. We filed for divorce a week later since we have been talking about that over the past six months. We've been married for 4 years. It was a mutual, uncontested divorce. I received my naturalization oath ceremony letter sometime early this month and I am scheduled to take the oath in two days. Now, our divorce is not yet finalized. It will be finalized at the end of May. Will this be a problem? The question on the back of the letter asks if after the interview, have I divorced or separated. I need an advice. Please help! Additional Details Our divorce is not yet finalized so I'm really not divorced yet. Also, we're still living together so we're really not separated yet. This means I can put no for that question, right?
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pianojangee
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No. |
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Yak Rider
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No. Nobody at USCIS cares about it at this point. |
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verne k
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There should be no problem. Your marital status at this point should
be immaterial. |
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Education Is Key
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While you are not divorced, you are separated. In order to qualify for naturalization as permanent resident who received green card status through marriage to US citizen, you need to be married at the time of filing of N-400. So I think you qualify for naturalization based on 3 years of permanent residence. However you may be making a misrepresentation on the form if you answer "no" to that question. |
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LV-Gnome
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If you lie and get caught out at any time, there could be serious consequences. Your citizenship could be revoked and you could be deported.
Whether it matters or not depends on how you got your green card and how long after permanent residency your application is. If it was granted through marriage and you've filed 3 years after, you may no longer be eligible. If you're filing 5 years after gaining residency, it will make no difference at all. |
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