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Applying for US Citizenship after I-360 VAWA application was approved and not divorced yet
Anonymous9 views4 answers
Good Day! I was in an abusive marriage and got my PR in 2008. I do not keep in touch with my wife at all. We separated in 2007.
Will they wonder why I have not divorced her yet? I couldn't locate her.
I have actually already filed for the divorce, but it will probably not be finalized before the N 400 interview which is in 5 days (had to filed a motion of default because she hasn't been responding to the court correspondences, otherwise the divorce would have been finalized by now!
With naturalization under I360, the ongoing validity or termination of the marriage to the US citizen will not be determinative of eligibility under section 319(a), nor length or continuity of cohabitation with the US spouse..So I'm not worry about the fact the divorce won't be finalized before the interview
Giacomo Jacques BeharImmigration AttorneySan Diego, CACA licensed ·
I do not believe there is a specific requirement that you must be divorced by the time you naturalize. However, good moral character is necessary for naturalization and the fact that you still continue to be married to your abuser seven (7) years after you obtained your permanent residency based on the abusive marriage may put your credibility and truthfulness to question. And consequently your good moral character may be questioned too.
The facts in your "additional question" are not as important to damage your credibility as the other matter I mention above.
I think it is understandable that you are not legally divorced yet, considering you have no contact with her and she doesn't respond to your legal papers. But, as a legal permanent resident, you are required to file taxes. You cannot legally file as single if you are in fact married. I see your point about separating yourself, but it will be up the interviewing officer how they proceed. It isn't like you did it for additional monetary gain, because in fact you probably would've paid less taxes as married head of household. Obviously, the interview is in 5 days and that is too soon to amend your taxes. Go to the interview, explain, and if they have a problem with it re-file as married. At least you filed, you're most likely fine.
If you obtain your permanent resident status through VAWA, you do not necessarily have to be divorced from your spouse in order to qualify for naturalization. You will need to explain that you have attempted to obtain the divorce but you have not succeeded in doing so. As to your filing of federal income taxes, you should obtain a letter from your tax advisor explaining the reason for filing as "single". Good luck to you.
This is a question to ask of an immigration attorney. From the divorce court standpoint the divorce court will only want to know what actions you took to find your spouse in order to serve him or her
