How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105614
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
9200179
Type Your Immigration Law Question Here...
Guillermo J. Senmartin, Esq. is online now
A new question is answered every 9 seconds

Dear Pearl, I have just applied with my N-400 application

Customer Question

Dear Pearl
JA: Have you talked to a lawyer yet?
Customer: I have just applied with my N-400 application and have been married for 3 years-my wife wants a separation agreement but not a divorce-will this affect my citizenship application,please
JA: What is your official status? Do you have any pending applications or petitions with USCIS?
Customer: Thanks
JA: Anything else you think the lawyer should know?
Customer: PhilI have a green card and have just filed my N-400
Submitted: 4 months ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

Why such an agreement? Is the intent to try to repair the relationship and build a life together in the future?

Customer: replied 4 months ago.
the intent is to repair the relationship
Customer: replied 4 months ago.
will this process of a separation agreement possibly effect the outcome of my citizenship application based on a 3 year marriage?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Ok. If that is the intent and you can prove it, then you can continue the process. But if you think even for a moment that you may file for divorce soon after getting your U.S. Citizenship (the law doesn't say what "too soon" is, but probably FILING for divorce in less than a year after you get U.S. Citizenship), you may want to withdraw your N-400 and just reapply when you have 4 years and 9 months of Residency status. Why? Because you don't want USCIS looking into your relationship at the time that you filed the N-400 and shortly divorced after getting U.S. Citizenship. This often happens when an upset spouse, ex-spouse, or other relative or friend reports the person to immigration, or when the new Citizen applies for someone, maybe re-marries and applies for a new spouse, etc. So if you think you might divorce shortly after you get U.S. Citizenship, I would just withdraw the N-400 and apply again later to be safe.

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, please click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Customer: replied 4 months ago.
do i need to notify USCIS of a separation agreement particularly if I can get the marriage problems fixed very quickly-there is NO intention of divorce at anytime
Customer: replied 4 months ago.
thank you-what do you think about my last question Guillermo? What are proofs that they would require?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Are you planning to go forward with your currently filed N-400 even against my recommendation? So you feel well that you can repair the marriage?

Customer: replied 4 months ago.
I am planning on going forward with my application because I feel that the marriage can be repaired-given this, what kind of proof, as you mentioned , would I be required to show. Additionally-my last question-do i NEED TO NOTIFY uSCIS of a separation agreement?
Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

You do not need to notify USCIS of a separation agreement. As to proof that you are in a good marriage, it would be evidence similar to that which you provided to USCIS when you got your 2 year conditional green card and when you filed to remove the conditions to get the 10 year card. Of course, you want to avoid evidence that shows you are living apart. However, if they ask you directly, you cannot lie. So don't volunteer information that they don't ask for, but if asked, you cannot lie.

Let me know if you need anything else, but please do not forget to rate me positively. You can do that by clicking on the 3rd, 4th or 5th stars if you see them, or the smiley faces if you see them. If you do not see the stars or smiley faces, please click on my name and they should come out. Also, we do NOT finish just because it says "Rate to Finish" or something like that. Your question does NOT close and you can continue to ask questions without additional charge on the same question thread even after you leave a positive rating. Thank you for your understanding!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

Expert:  Guillermo J. Senmartin, Esq. replied 4 months ago.

Thank you for your kindness and respect. Good luck to you.

Related Immigration Law Questions