Filing N-400 After Divorce: What Changes

The short answer: yes, you can still become a citizen

Divorce does not disqualify you from becoming a U.S. citizen. Your green card remains valid regardless of your marital status, and you can still file Form N-400 to apply for naturalization (USCIS Form N-400).

What changes is which naturalization path you qualify for. If you were planning to use the faster 3-year marriage-based track, divorce takes that option off the table. But the standard 5-year path remains fully available to you.

If you're unsure whether you're eligible, check your citizenship eligibility with our free tool. And for a full walkthrough of the naturalization process, read our step-by-step N-400 guide.

What changes: the 3-year marriage path is gone

Under INA § 319(a), spouses of U.S. citizens can apply for naturalization after just 3 years as a permanent resident instead of the standard 5 years. But this path has strict requirements: you must have lived in marital union with your U.S. citizen spouse for the 3 years immediately before filing, and you must remain married to (and the spouse must remain) a U.S. citizen through your oath ceremony (8 CFR § 319.1; USCIS Policy Manual, Vol. 12, Part G).

The regulation is clear: if the marital union ends due to divorce before you're admitted to citizenship, you're no longer eligible for the 3-year path. This applies regardless of when the divorce happens:

• Divorced before filing N-400? You must use the 5-year path.
• Divorced after filing but before the interview? Same result.
• Divorced after the interview but before the oath ceremony? Still disqualified from the 3-year path.

Important: The cutoff point is the Oath of Allegiance, not the filing date or interview date. If your divorce finalizes even one day before you take the oath, you lose eligibility for the 3-year track.

One common misconception: remarrying another U.S. citizen does not restore your eligibility for the 3-year path from the first marriage. The regulation explicitly states that eligibility is not restored even if you subsequently marry another U.S. citizen (8 CFR § 319.1(b)(2)(i)).

What doesn't change: the 5-year path is still open

As a divorced applicant, you'll file under the standard 5-year naturalization path (INA § 316(a)). Here's what that requires:

The 5-year path has no marriage requirement at all. Your divorce, the circumstances of your marriage, and your ex-spouse's status are all irrelevant to your basic eligibility.

If you've already been a permanent resident for 5 years and meet the physical presence requirement, you can file right away.

How to calculate your new timeline

Here are two common scenarios to help you figure out when you can file:

Scenario 1: Green card received in early 2021, divorced in 2024. If you've been an LPR for at least 5 years already (and meet physical presence and continuous residence requirements), you're eligible to file now under the 5-year path.

Scenario 2: Green card received in 2023, divorced in 2025. You've been an LPR for about 2 years. You originally planned to file under the 3-year rule in 2026, but now you'll need to wait until 2028 to meet the 5-year requirement. That's an extra 2 years of waiting.

Tip: You can file your N-400 up to 90 days before you meet the 5-year continuous residence requirement (8 CFR § 334.2(b)). So if your 5-year mark is in June 2028, you could file as early as March 2028.

Documents you need for N-400 after divorce

You'll need everything a standard N-400 applicant needs, plus documentation related to your divorce. Here's what to gather:

For filing:

• Completed Form N-400 (file online for the lower $710 fee, or $760 for paper)
• Green card (front and back copy)
• Passport-style photos (only if USCIS requests them after you file)
• Certified copy of your divorce decree

For the interview (bring even if not asked):

• Marriage certificate from the prior marriage
• Evidence your marriage was real (joint tax returns, lease agreements, bank statements, photos)
• I-751 approval notice (if applicable)
• Children's birth certificates (if applicable)
• Tax returns for the past 5 years

If you need help understanding the full cost breakdown, see our guide to N-400 filing fees and costs. And note that USCIS stopped accepting checks or money orders for paper filings on October 28, 2025 (with limited exceptions). Learn about your current payment options.

Ready to Start Your Citizenship Application? Immiva walks you through every question on the N-400 with plain-English guidance. No lawyer fees. No confusing forms. Start Your N-400 Application

What USCIS will ask about your marriage at the interview

At the N-400 interview, the officer will ask about your marital history. As a divorced applicant, expect questions like:

• When and where did you get married?
• When was the divorce finalized?
• Do you have children from the marriage?
• Are you currently remarried?

These questions are standard. The officer is confirming your personal history, not investigating your marriage. However, if your green card was based on marriage and the divorce happened relatively quickly, the officer may look more closely at whether the marriage was genuine.

Tip: Don't panic about these questions. Answer honestly and bring supporting documents just in case. For a full rundown of what to expect, read our guide to N-400 interview questions in 2026.

Special scenarios: pending divorce, remarriage, and separation

Divorce Is Pending but Not Finalized

If you filed for divorce but it hasn't been finalized, you're legally still married. That means if you file under the 3-year path, you could still qualify, but only if the divorce isn't finalized before your oath ceremony. This is risky. If the divorce goes through before your oath, USCIS will deny the 3-year track application.

Most immigration attorneys recommend waiting until the divorce is final, then filing under the 5-year path to avoid complications.

You Remarried After the Divorce

Remarrying doesn't change your current eligibility. If your new spouse is a U.S. citizen, you might think the 3-year path opens back up. It doesn't. The regulation specifically blocks this: a new marriage to a U.S. citizen does not restore 3-year eligibility lost from a prior divorce (8 CFR § 319.1(b)(2)(i)).

However, if you stay married to your new U.S. citizen spouse for 3 years (and meet all other requirements), you may qualify for a fresh 3-year path based on that new marriage.

Legal Separation

Legal separation is not the same as divorce, but it can still affect your eligibility. Under 8 CFR § 319.1(b)(1)(A), the 3-year path requires that you're living in a marital union with your spouse. A legal separation breaks that requirement, even if you're not technically divorced.

Divorce During Pending I-751

If you're still a conditional resident and going through a divorce, your first step is addressing your I-751, not your N-400. You'll need to file an I-751 divorce waiver to remove conditions on your green card without your spouse's cooperation. Only after your green card conditions are removed (or your I-751 is pending) can you move forward with naturalization.

2025-2026 policy changes divorced applicants should know

A few recent changes are worth knowing about:

Good Moral Character Overhaul (August 2025). USCIS shifted from a checklist approach to a "totality of circumstances" review (Policy Memo PM-602-0188). Officers now evaluate community involvement, family caregiving, employment stability, and tax compliance. Divorce itself doesn't hurt your moral character, but be ready to document these areas.

Neighborhood Investigations Revived (August 2025). USCIS revived neighborhood investigations where officers may visit your home or workplace. If you recently divorced a U.S. citizen spouse, this could include questions about your living situation. Be prepared to show that your life is stable and that you meet all requirements.

New Civics Test (October 20, 2025). For applicants who file Form N-400 on or after October 20, 2025, USCIS administers the 2025 Naturalization Civics Test: 20 questions are asked from a bank of 128 questions, and you must answer 12 out of 20 correctly to pass. Start studying early with the [full list of 128 civics questions](https://immiva.com/blog/128-civics-questions-for-us-citizenship-test-study-guide).

Common mistakes to avoid

1. Filing under the 3-year rule after divorce. USCIS will catch this and deny your application. Common N-400 mistakes like this waste time and money.
2. Hiding the divorce. Always be honest on your application. Failing to disclose a divorce can be grounds for denial.
3. Forgetting to update your address after separation. Your N-400 must show your current address, and your state residency must be accurate.
4. Not bringing marriage evidence to the interview. Even though you're filing under the 5-year path, the officer may ask about your prior marriage if your green card was marriage-based.

Check Your Citizenship Eligibility for Free Not sure if you qualify to apply after your divorce? Our eligibility checker takes 2 minutes and tells you exactly where you stand. Check Your Eligibility Now

Official sources

This guide is based on current USCIS policy and federal regulations. All information was verified against these official sources as of February 2026:

USCIS Resources

• Form N-400 Official Page
• USCIS Policy Manual, Vol. 12, Part G, Ch. 2 - Spouses of U.S. Citizens
• USCIS Fee Schedule
• USCIS Processing Times
• Good Moral Character Policy Memo PM-602-0188
• 2025 Naturalization Civics Test Notice

Federal Regulations

• 8 CFR § 319.1 - Spouses of U.S. citizens: marital union requirement and divorce provisions
• 8 CFR § 316.2 - General naturalization requirements (5-year path)

Immigration and Nationality Act

• INA § 319(a) / 8 USC § 1430(a) - 3-year naturalization for spouses of U.S. citizens
• INA § 316(a) / 8 USC § 1427(a) - Standard 5-year naturalization

Immigration law changes frequently. We monitor USCIS policy updates and revise this guide when regulations change.