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I filed my N-400 under the three-year marriage rule, but my U.S.-citizen spouse and I may divorce before the oath ceremony. Can USCIS still approve me under that rule?

Short answer

No, not under the three-year spousal provision if the divorce becomes final before the oath. The applicant must remain married to the U.S. citizen through naturalization, and separation can also affect the marital-union requirement. You may still qualify under the regular five-year rule if all of those requirements are independently met, but USCIS must be told about the change.

Official legal source

USCIS Policy Manual, Vol. 12, Part G, Ch. 2


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