Wants to separate before N-400 Interview!!!

This is a discussion on Wants to separate before N-400 Interview!!! within the Naturalization & Citizenship forum, part of the Other Immigration Law & Visas category; Situation: Married 10 yrs, filed for PR through the USC wife, and now unconditional PR for almost 6 yrs now, ...

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Old Jun 13th, 2012, 01:05 PM   #1
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Confused Wants to separate before N-400 Interview!!!

Situation:
Married 10 yrs, filed for PR through the USC wife, and now unconditional PR for almost 6 yrs now, filed N-400 based on marriage(even though over 5 yr PR) because he thought the process was shorter if based on marriage...He has already went through biometrics, and has just received date for interview...

Now the marriage is falling apart quickly, and the PR wants to separate from the USC. If he files for divorce or leaves the home before the interview, will he have to start the process over? Or will he still be able to complete the process on the original N-400 application because he still qualifies based on his 5 yr PR? He is worried that he might have to pay the fees to start the whole process over when he qualifies either way... He realizes now he should have filed under the 5 yr PR requirement, but hind site is 20/20... Any help would be appreciated.
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Old Jun 13th, 2012, 01:44 PM   #2
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Default Re: Wants to separate before N-400 Interview!!!

I wish to inform you that your N-400 may be denied because the approval is based upon ongoing marriage. If you are separated, your marriage is not ongoing. However, you can reapply for citizenship on the basis of 5 year PR after your application is denied. You will have to pay the fees again.

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