N400 application for divorced applicant

[sharky 2]

Hey guys,

Just wanted to check one last thing before I file my N400 package next week. It wasn't specifically clear from the N400 but after reading the instructions on the USCIS website if you are divorced and filing at the 5 year mark you need to include a photocopy of the divorce paper in the N400 package?

So my package would consist of the N400, the fee, the photos, the copy of the greencard (both sides) and a copy of the divorce?

Just wanted to make sure I'm not missing something, thanks

[imzadi 0]

Yes, and you should also include copies of your tax returns for the past 5 years or tax transcripts.

Good luck!

[iGalin 7]

Tax returns are not necessary, it is required if you're filing based on marriage.

in your case you'll need 4 items along with N-400 application:

1. copy of Green Card with both sides
   
2. 2 passport-sized photos
   
3. payment $680 either money order or check
   
4. Copy of certified copy of decree of divorce or annulment
   

Certified copy of divorce decree can be obtained from http://www.vitalchek.com/ which will arrive in 3-4 days

[NickD 203]

Hey guys,

Just wanted to check one last thing before I file my N400 package next week. It wasn't specifically clear from the N400 but after reading the instructions on the USCIS website if you are divorced and filing at the 5 year mark you need to include a photocopy of the divorce paper in the N400 package?

So my package would consist of the N400, the fee, the photos, the copy of the greencard (both sides) and a copy of the divorce?

Just wanted to make sure I'm not missing something, thanks

That depends upon whether you are talking about a previous marriage divorce or divorcing the person that petitioned for you to bring you over. Former is no problem unless applying for the three year marriage, they want to see all the divorce papers of previous marriages and divorces for both the applicant and the spouse, again! History for the five year, but still have to write out your marriage history on the form. The latter, would have to say is completely dependent on the IO you get stuck with, may let it go, or demand a full explanation as to why you divorced the person that brought you over here. Fraud is always suspected. Not good if you remarried, in particular a person from your home country.

Not much of an answer, but have to be far more specific if you want a correct answer.

[iGalin 7]

I would assume that you divorced person who brought you here to USA before 3 years of your marriage, otherwise you could have applied for citizenship based on 3 years marriage to US citizen which you didn't. So you must have gone through I-751 Petition to Remove the Conditions of Residency in order to obtain 10 year green card again assuming you got 2/3 year temporary green card based on your marriage. So if there would be any suspicion about fraudulent marriage USCIS wouldn't approve 10 year green card and that would be end of story. But if USCIS did approve your petition and granted you 10 year green card than it's fine and there should be no concern or questions asked when you file for naturalization. Just to stress my point let me reiterate again this: Person files for naturalization based on 5 years residency and should NOT worry if he/she was brought to US through marriage and divorced spouse before 3 years anniversary and went through I-751 petition because if it would matter USCIS wouldn't approve that person's 10 years green card on that I-751 petition in the first place.

Those are solely my assumptions, so please do correct me if I'm wrong.

Anyone's input with similar case would be greatly appreciated.

[sharky 2]

IGalin, I agree. Yes I was divorced from the person who petitioned me to come over (on a K1 fiancee visa) and so any problems USCIS would have had with a potential "fraudulent" aspect of the marriage would have been addressed at the renewal of the Greencard at the 2 year stage.

This passed without any problems so I would be very surprised if I had to provide proof again at the citizenship interview.

I would assume that you divorced person who brought you here to USA before 3 years of your marriage, otherwise you could have applied for citizenship based on 3 years marriage to US citizen which you didn't. So you must have gone through I-751 Petition to Remove the Conditions of Residency in order to obtain 10 year green card again assuming you got 2/3 year temporary green card based on your marriage. So if there would be any suspicion about fraudulent marriage USCIS wouldn't approve 10 year green card and that would be end of story. But if USCIS did approve your petition and granted you 10 year green card than it's fine and there should be no concern or questions asked when you file for naturalization. Just to stress my point let me reiterate again this: Person files for naturalization based on 5 years residency and should NOT worry if he/she was brought to US through marriage and divorced spouse before 3 years anniversary and went through I-751 petition because if it would matter USCIS wouldn't approve that person's 10 years green card on that I-751 petition in the first place.

Those are solely my assumptions, so please do correct me if I'm wrong.

Anyone's input with similar case would be greatly appreciated.

[heymrdddj 0]

Yes absolutely! If you don't send the divorced document along with your application and other required stuff, they will send you a letter and ask you to send it to them anyways. So it would take everything faster if you send it now.

[nwctzn 55]

Tax returns are not necessary, it is required if you're filing based on marriage.

in your case you'll need 4 items along with N-400 application:

1. copy of Green Card with both sides
   
2. 2 passport-sized photos
   
3. payment $680 either money order or check
   
4. Copy of certified copy of decree of divorce or annulment
   

Certified copy of divorce decree can be obtained from http://www.vitalchek.com/ which will arrive in 3-4 days

It is not necessary to send in tax returns in your case but I would suggest to have tax transcripts ready for the interview just in case the interviewing officer asks about them. It never hurts to have extra documentation ready during the interview.

Edited October 12, 2011 by nwctzn