My citizenship application is currently under extensive review after a successful interview back in Sept 2,2009 based on the 3 year marriage rule. I was married in 03/05/2004 and currently separated. My last name has been legally changed in May 16,2011 and I had a lawyer who convinced me of following up on the case since 0ctober 2010 and does not respond to my emails any more since February. What do I do after the divorce decree is received? Since my green card needs to be updated to reflect my new name and also to avoid paying immigration twice. Do I follow up of my citizenship or the green card renewal?
I would need to interview you and review all relevant documents before an action plan can be developed for your case.
The facts are confusing because if you had had a successful interview in September 2009 you should have been sworn in within 30-45 days thereafter. Perhaps you passed the history and government tests but could not adjudicate because of your separation and need to talk to a supervisor before adjudication. You are only eligible to file under the three year rule if you are married and "living with" a U.S. citizen. If you were separated at the time of your interview, then you would not be eligible for approval and will need to re-file now that five years has transpired.
At the time of naturalization, you can request a name change.
If you are no longer living in the same residence with your U.S. citizen spouse, you no longer qualify for the three year citizenship and you must notify immigration immediately or risk that they find that you committed fraud or misrepresentation on your citizenship application. It does not matter whether you are divorced or not. The statute requires that you be physically living in marital union with your spouse in order to qualify under the 3 year rule. You will have to wait an additional two years from the time that you got your residence and reapply.
It would really depend upon the status of your citizenship application. You were not only required to be married for three years and living together after the date you became a lawful permanent residence. You must also have been living together at the time the application for naturalization was filed. Otherwise, you are ineligible to file for naturalization under the three year marriage rule.
In order to apply under the three year rule, you must remain married and living in marital union under the day you naturalize. Refile your naturalization application once you have the required 5 years (minus 90 days) after your date of "admission".
It is unclear what do you mean by "renew" your green card. If you have conditional green card, you must file Form I-751 to remove condition. CIS will not approve your N400 without first or concurrently approving your I-751. The fact your interview was in 2009 but you still have not received a decision is not a good sign. If your lawyer did not respond to your inquiry, find another lawyer.
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