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Separation before naturalization interview
Anonymous6 views4 answers
I've applied for citizenship based on my marriage to a U.S. Citizen. We've been married for 4 years and 6 months. I filed an application after 3 years and 6 months (February) since I first got my green card. He filed for a divorce a week ago (May), my interview is June 15. We still live together, however I move out on June 6, which is a week before the interview. Am I still eligible to go to interview and take the oath? Divorce is highly unlikely to be finalized before the interview and oath.
You review the specifics as to filing based on marriage to US Citizen. http://www.uscis.gov/us-citizenship/citizenship-through-naturalization/naturalization-spouses-us-citizens
One of the specific rules is that the applicant be "living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, .... up until examination on the application."
I'm sorry to hear about your situation; however, no, under these facts, you would no longer be eligable for naturalization. Under section 319 of the immigration and nationality act, to qualify for naturalization, in addition to meeting the other statutory requirements, you have to show an "on going viable marital union". In as much as your spouse has already filed for divorce and you have already made plans to move out, the marriage is no longer is no longer viable as contemplated under section 319 notwithstanding the fact you two are for the moment residing together temporarily. However, you can still file for your citizenship after 4 years and 9 months from the date you obtained your green card.
