3 yrs vs. 5 yrs after marriage

[v333k 59]

Hi All,

I ran across this question and I wanted to clarify...

If someone obtained a GC through marriage to a USC and they got divorced, then they wait 5 years before applying for naturalization. The document checklist M-477 (I believe) says include all documents of previous marriages but it is right under the 3 year requirements. Does this apply to all applicants or only if someone is applying based on a 3 year residency with a previous marriage? What if this person was married in their home country and before any of the AOS occurred?

Cheers!

[milimelo 4,477]

Ok, now I am not sure - I think it's for the marriage based USC the requirement.

Edited March 17, 2010 by milimelo

[Kathryn41 3,205]

Hi All,

I ran across this question and I wanted to clarify...

If someone obtained a GC through marriage to a USC and they got divorced, then they wait 5 years before applying for naturalization. The document checklist M-477 (I believe) says include all documents of previous marriages but it is right under the 3 year requirements. Does this apply to all applicants or only if someone is applying based on a 3 year residency with a previous marriage? What if this person was married in their home country and before any of the AOS occurred?

Cheers!

If you are applying after 3 years you need to include your marriage certificate to show that you are entitled to that option. If you were married before and are applying for the 3 year option, then you need to show that all prior marriages have ended before you entered the one on which you are claiming eligibility for citizenship. It does seem redundant to submit the divorce/death documents again after submitting them for the AOS and the ROC but I wonder if this is their way of checking that the person is still married to the same US citizen. Maybe showing all divorce decrees is a way to verify you haven't divorced your US spouse and married someone else, in which case you wouldn't be eligible for the 3 year option and if you didn't disclose this then you could later have your citizenship removed for misrepresentation.

If you are divorced from your US spouse you are not eligible to apply after 3 years and must wait for 5 years. There is no need to submit divorce or marriage documents if you are applying after 5 years since the option isn't based upon marriage to a US citizen but by satisfying the permanent residency requirements on your own.

[ziia 9]

Hi All,

I ran across this question and I wanted to clarify...

If someone obtained a GC through marriage to a USC and they got divorced, then they wait 5 years before applying for naturalization. The document checklist M-477 (I believe) says include all documents of previous marriages but it is right under the 3 year requirements. Does this apply to all applicants or only if someone is applying based on a 3 year residency with a previous marriage? What if this person was married in their home country and before any of the AOS occurred?

Cheers!

If you're applying based on the 3 year rule, then all docs of previous marriages and divorces are needed. If instead you're using the 5 year rule, then you don't need to submit any docs about previous marriages or divorces.