Carefully read Section B -- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 Now, I've read more accounts where the IO denies N-400 under the 3-year rule for your case, but letter-of-the-law/policy, separation and/or divorce after the application shouldn't be a disqualifier. Hopefully, your petition was strong and you included evidence that you were "living in marital union with citizen spouse for at least 3 years immediately preceding the time of filing the naturalization application" and you should bring the same with you to the interview, too.

thank you for your reply it really helped, I just need to understand this part if you please clarify it However, the statute does not require living in marital union for the period between the date of filing the application and the date of naturalization (date applicant takes the Oath of Allegiance). The corresponding regulation conflicts with the statute in stating that the spouse must have been living in marital union with his or her citizen spouse for at least 3 years at the time of the examination on the application, and not at the time of filing.

I've heard IOs reject N-400 for cases like yours under the 3-year rule, state that "living in marital-union" requirement applies right up to the oath ceremony. The policy, however, states that the requirement is only to the date of application, not even to the interview date, much less, date of oath. If you have an immi attorney, I'd consult them, and if they're comfortable, they should argue the policy, only if pressed on it. Assuming your I-751 was already approved, and you included evidence of living in marital union in your N-400 application, and I'd recommend you bring originals, if available, with you to the interview.

Do you think you'd get your interview/oath before your divorce finalizes? There seems to be a grey area here; "USCIS follows the language of the statute in requiring living in marital union only up until the time of filing. Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization." -- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3

@moe s, the grey area is separation and divorce; so, living in marital union at the time of application, but not divorced till the time of oath. At least according to USCIS Policy Manual. But, you have to be able to defend your case on these grounds.

thank you folks for your time replying, thinking out loud I’m seriously thinking of getting a divorce and get my mental health straightened and whatever comes from the immigration will definitely the best for my next chapter in life. better be free and provid honest evidences of being a good immigrant staying and respect the opportunity and chacing a dream with not even a parking ticket.

agree with @User 07782 above re. honesty. I posed your question, purely as a hypothetical, to my attorney and their office stands by and defends what's stated in the policy manual; that, "USCIS follows the language of the statute in requiring living in marital union only up until the time of filing. Accordingly, only the existence of a legally valid marriage is required from the date of filing the application until the time of the applicant’s naturalization." -- https://www.uscis.gov/policy-manual/volume-12-part-g-chapter-3 but your attorney also needs to defend you, else USCIS will roll over you and deny the case.