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Submitted n400 but getting separated

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  • Submitted n400 but getting separated

    Hi folks,

    I am a permanent resident in the US. I became one through marriage to a US citizen in May of 2007. I received my green card in November of 2007. About 2 weeks ago, end of March, I submitted my n400 for naturalization together with all the required documentation. I checked the box saying I'd been here at least 3 years plus was married and submitted all proof of such. I could have checked the box saying I've been here for 5 or more years but didn't think to do so.

    Unfortunately, as of now, my wife and I are going to be separated, ultimately filing for divorce for reasons unrelated.

    I checked what documentation I should have submitted had I done the 5 year route instead and it looks like there wasn't anything extra I should have submitted (in fact, the marriage route has you submit a lot more evidence.)

    What should I do regarding my current n400 application? I am scheduled for biometrics at the end of this month and plan to proceed. Should I contact the USCIS somehow and change the application? Do I need to start all over? Or do I just let it be and explain the situation at the interview?

  • #2
    Try to submit an amendment to your application to the USCIS address which will show on your Receipt Notice of Action, to request a change in your basis (from 3-years, married, to "5-years GC status").

    It may be that if you do nothing and explain the lapse at your interview, you will be okay. But you might get an anal interviewer who will decide that your marital relationship now disqualifies you because you selected "marital status" as a basis.

    --Ray B



    Originally posted by zenobia View Post
    Hi folks,

    I am a permanent resident in the US. I became one through marriage to a US citizen in May of 2007. I received my green card in November of 2007. About 2 weeks ago, end of March, I submitted my n400 for naturalization together with all the required documentation. I checked the box saying I'd been here at least 3 years plus was married and submitted all proof of such. I could have checked the box saying I've been here for 5 or more years but didn't think to do so.

    Unfortunately, as of now, my wife and I are going to be separated, ultimately filing for divorce for reasons unrelated.

    I checked what documentation I should have submitted had I done the 5 year route instead and it looks like there wasn't anything extra I should have submitted (in fact, the marriage route has you submit a lot more evidence.)

    What should I do regarding my current n400 application? I am scheduled for biometrics at the end of this month and plan to proceed. Should I contact the USCIS somehow and change the application? Do I need to start all over? Or do I just let it be and explain the situation at the interview?

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