Divorce and travel after filing N-400. What should I do?

[confoundedjealous]

Hello,
I am a Legal Permanent Resident. I obtained my LPR via adjustment of status by marriege to my US Citizen spouse. We married on Jan 2017. We went through the Green Card process without any issues and I received my 2-year conditional Green Card on Dec 2018. I later filed 1-751 to remove conditions on residence and I finally received my Permanent Green Card on Feb 2021.

Even though our marriage has had it ups and downs, we were in love and have always been in a legitimate relationship. Honestly, we have not been getting along at all during the past year, but we were always able to reconciliate and I always thought we were going to rekindle our marriage and stay together. We have never physically abused each other, just yell back and forth and stop talking for a few days. So, with this in mind, I went ahead and filed my N-400 on March 2022, following the three year rule for Permanent Residents via marriage. The N-400 application is on course and it currently shows as processing in the USCIS system with an approximate waiting period of 11 months.

This is where it gets tricky: We just had a major argument in mid May and she has decided to put an end to our marriage. I've tried to talk her into working it out, but she says she's done and doesn't want to stay married anymore nor until I become a citizen. She is adamant in getting a divorce asap. I have asked her to give me some time to figure out the best legal course of action. But a divorce is imminent within the next few months. In addition to this, due to work and family events, I will be traveling abroad for a period of 4-5 months: From sep 2022 to Jan 2023.

What would be the best course of action here?
Should I contact USCIS and withdraw my N-400? If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.? Should I be thinking in getting an i-131 advance parole before I leave the United States?

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...

[okccanary]

Honestly I think it would be best to speak to an Immigration Attorney as they would be the most knowledgeable in this area.

But here is what I would do:

If you divorce before your Interview/Oath Ceremony then I don't think you will still be eligible for the 3 year marriage rule. (I could be completely wrong but I always stray to the more cautious approach)

Therefore I would withdraw my current application. (Not sure how to do this)

However as you have your permanent Green Card now I would wait until you hit December 2023 and you can apply for citizenship by yourself with the 5yr rule.

It is a shame that she is not willing to wait until after the interview/oath. The spouse doesn't need to go to this interview at all. (But you would still need her proof of citizenship).

I would still speak to an attorney as you may still be eligible as you hit your three year mark in Dec 2021. But as I have previously said I have no real knowledge in this area.

As for advance parole you should be fine as its less than a year and even better under 6 months. but you might want to still do it as that proves your intent to come back as your life is in the USA. Also if something happens during that 5 month stay which would increase the time frame you will already have your advance parole (It sounds like you are unable to apply for this once you are outside the US). USCIS site doesn't make it sound like you need one if its under a year but does state that: 'Your U.S. permanent residence may be considered as abandoned for absences shorter than 1 year if you take up residence in another country' take from : https://www.uscis.gov/sites/default/...uides/B5en.pdf

Sorry I cant be more help with your questions

[SouthBay2019]

Hello,
I am a Legal Permanent Resident. I obtained my LPR via adjustment of status by marriege to my US Citizen spouse. We married on Jan 2017. We went through the Green Card process without any issues and I received my 2-year conditional Green Card on Dec 2018. I later filed 1-751 to remove conditions on residence and I finally received my Permanent Green Card on Feb 2021.

Even though our marriage has had it ups and downs, we were in love and have always been in a legitimate relationship. Honestly, we have not been getting along at all during the past year, but we were always able to reconciliate and I always thought we were going to rekindle our marriage and stay together. We have never physically abused each other, just yell back and forth and stop talking for a few days. So, with this in mind, I went ahead and filed my N-400 on March 2022, following the three year rule for Permanent Residents via marriage. The N-400 application is on course and it currently shows as processing in the USCIS system with an approximate waiting period of 11 months.

This is where it gets tricky: We just had a major argument in mid May and she has decided to put an end to our marriage. I've tried to talk her into working it out, but she says she's done and doesn't want to stay married anymore nor until I become a citizen. She is adamant in getting a divorce asap. I have asked her to give me some time to figure out the best legal course of action. But a divorce is imminent within the next few months. In addition to this, due to work and family events, I will be traveling abroad for a period of 4-5 months: From sep 2022 to Jan 2023.

What would be the best course of action here?
Should I contact USCIS and withdraw my N-400? If so, what should be my reason for withdrawal? Do I have to state that we're getting a divorce, or can I argue I'll be traveling abroad and perhaps not able to come to my scheduled appointment in the future? Or should I let the application go through and just don't show up to the interview? As I understand it, in either case, the case would be administratively closed and I would just lose the processing fee and I will have to reapply and pay the fees again. I certainly don't mind losing the filling fee and submitting a new payment with an N400 application again in the future, as long as this doesn't have any consequence to my current legal status.

And also, is there any possibility I would be denied entry to the USA when I come back in Jan 2023, whether if I'm divorced or have withdrawn my N400, etc.? Should I be thinking in getting an i-131 advance parole before I leave the United States?

Btw, I have no criminal, nor traffic records, never been arrested, I pay my taxes, I have a good financial situation, I have started my own business and I'm overall a valuable member of society, if that helps.

I appreciate your thoughts...

I also recommend getting an advice from an immigration attorney. Spend a few hundred dollars to put your mind at ease.

Having said that, if I were you, I would do NOTHING....ride it out. Here are the scenarios:

• Your divorce is finalized while you are waiting for your N-400 application to process
• At some point you will get scheduled for an interview. When you go to the interview, be totally prepared...bring documentation showing your marriage was bona fide (while you were married)- Questions about your marriage most probably will come up during interview. Also bring your divorce decree. Be honest during your interview. Let IO tell you what will happen next. They may reject your application, in which case you can apply under 5 years rule at some point in the future. If your N-400 application gets rejected, you are still an LPR (that does not change). Just be prepared to show them your marriage was bona fide (joint bank statements, lease agreement, tax returns, pictures, etc., etc.) If they approve you, then you know you were honest and you shared with them all the facts.
• Your biggest issue is being out of country for 4-5 months....your interview may be scheduled during that time. You may need to be flexible with your travel plans. You also need to be honest and tell IO that you left the country since you had filed N-400 application.
• I would also apply for an I-131. It does not hurt to have it.

Wish you the best.

[newacct]

To clarify, I think you guys are talking about using I-131 to apply for a Re-entry Permit, not Advance Parole. Advance Parole is for people without a green card. Re-entry Permit is for permanent residents.

[SouthBay2019]

To clarify, I think you guys are talking about using I-131 to apply for a Re-entry Permit, not Advance Parole. Advance Parole is for people without a green card. Re-entry Permit is for permanent residents.

Correct. I was referring to I-131 for Re-entry Permit (since OP is already an LPR).

[okccanary]

To clarify, I think you guys are talking about using I-131 to apply for a Re-entry Permit, not Advance Parole. Advance Parole is for people without a green card. Re-entry Permit is for permanent residents.

Yup i'm an idiot!!! Thats what i meant! thanks for the clarification!!