I filed for N-400 Naturalization application after 3 years Green-Card and being married to my wife(a US Citizen). When I filed the application, my wife was just released from jail. I thought we were going back together, but instead we grew more apart. We got separated and I went to the interview. The officer asked me about our lease and other documents that I did not have, and she asked whether me and my wife are still wife and husband. I answered yes which was true we still see each other and go out and even have sex regularly, but we do not leave together at the moment. We are working on our marriage. I passed the test and was told that more background check need to be done, and I will be notified with the answer. Few months later, I received a notice to attend another interview including my wife. I need to bring all my immigration documents, passport, lease, financial records, and so on. I asked some adviser whom told me to write and withdraw my N-400 application due to the recent separation. It was very close to the appointment.
I am not sure whether I did the right thing or not. What do you think I should have done? What is going to happen? What is the worst scenario? What should I now?
Me and my wife have not got back together yet, and I do not want to ask her to come this appointment which she would think I just want to get back with her because of Citizenship. Your advise greatly appreciated.
There is case law that states you do not have to reside with your citizen spouse (in limited circumstances) to qualify for the marriage exception in applying for naturalization. Depending on your intent for the future, withdrawal might be proper. However, there is language in the CFR is that USCIS does not have to accept your request to withdraw. Based on the interview and any subsequent investigation done by FDNS, there may be other issues such as deportation and criminal charges for false statements.
You should consult with an attorney skilled in citizenship cases to identify all issues, plan a strategy for the future and protect your rights. Attorneys who practice immigration law are practicing federal law and therefore you can hire an attorney from anywhere in the country (as long as he/she is licensed).
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