- If you have filed your N-400 and your spouse wants to start divorce proceedings and there is no way you can convince her/him to delay the process, there is no reason to panic (you will not be disqualified but from every angle I can think of it is best to deal with one major change at a time), as long as you are not using the 3-year provision for early naturalization. In that case, you should simply let the USCIS know and you will be allowed to withdraw the application. When you are eligible for the 5-year provision, you can apply again.
- If you are in the midst of a divorce, wait to file your naturalization application, regardless of the 3-year provision being an issue. It just makes things complicated, though, there is no ban against applying. Just be prepared to answer questions about the divorce and have copies of your court orders related to the divorce.
Filing for divorce during naturalization application
I am responding to several questions related to divorce around the same time the application for citizenship is being filed. Here are the points to remember: