Possible separation while N-400 pending

[Monseigneur]

Hi everybody,

I applied for naturalization about 3 months ago under the 3-year rule since I married a US citizen. It now appears that my wife might be looking for a separation in the weeks/months to come, most likely before my N-400 would be processed. My understanding is that as long as we were living in marital union at the time of filing (which we were) and remain married until the oath of allegiance is taken, I would still be eligible under the 3 year rule. Is that correct? We are in rather good terms and she is willing to remain married until after the oath of allegiance.



Should the separation materialize, would you recommend I inform USCIS of the separation prior to the interview? If not, should I start the interview by mentioning it so that they do not think I am being deceptive?

Thank you.

[newacct]

That is correct. According to USCIS Policy Manual Volume 12 Part G Chapter 2 section D-1, you need to remain married until you take the oath, but you just need to be "living in marital union" up to the day you file N-400.

[Lina123]

You should remain under the same roof (in marital union) until oath is complete. If you separate, you will not qualify for the 3 year rule and will have to wait 2 more years. Under 5 year rule it does not matter if you are married or not.