Frisco, TX asked in Immigration Law, Divorce and Family Law for Texas

Q: 10yr GC holder. Applied 4 passport on 3yr marriage eligibility. Interview passed and oat ceremony soon. Saperated now!

Separation is not legal and against my will. What would be the consequences on the day of oat ceremony? Also, I have a 6 months old daughter for whom I am providing adequate support. I do not want to proceed with filing divorce yet. But the more I wait, I will lose my chances of primary custody. Any possible solutions for my naturalization to not be declined? And can I file for divorce before oat ceremony?

1 Lawyer Answer
Roland Godfrey Ottley
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  • Immigration Law Lawyer
  • New York, NY

A: In your situation, since you are soon to get sworn in as a US citizen, the fact that your wife has separated from you would not be of any consequence at this time. As long as you are still legally married, which it sounds like you are, you should be good to go for your naturalization. USCIS has already determined that you are eligible for citizenship and has approved your N-400 application. Once you have obtained your US citizenship, then you can proceed with filing your divorce and negotiating for child custody/visitation with your spouse. You can start a child custody case now in Family court, if you really need to do so.

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