Effect of past divorce on n400

[ike.east 0]

Hello,

I have an interesting question. I am about to file for citizenship (based on being permanent resident longer than 5 years). I’ve entered US on K1 visa, got married, got my two year card and shortly after filing for ROC due to circumstances (my wife’s affair) we got separated. Marriage was entered in a good faith and responsibility for divorce was taken by my ex-wife (US citizen). I do have all paperwork to prove affair etc. 10 year card was received couple months before we got officially divorced. USCIS was not informed about separation and it was pointless to let them know about the divorce after card was received. This was not done in attempt to hide something from the government, but because my ex-wife moved to the other side of the country and refused to come down for a court hearing. And as far as I can remember I was not able to file for a waiver not until we were officially divorced. At this point I am remarried to a different woman and have no idea where my ex-wife is. So my question is: what are the potential problems I am facing with USCIS caused by my divorce if I am applying on the basis of being in the US longer than 5 years

[kintu 4]

Hello,

I have an interesting question. I am about to file for citizenship (based on being permanent resident longer than 5 years). I’ve entered US on K1 visa, got married, got my two year card and shortly after filing for ROC due to circumstances (my wife’s affair) we got separated. Marriage was entered in a good faith and responsibility for divorce was taken by my ex-wife (US citizen). I do have all paperwork to prove affair etc. 10 year card was received couple months before we got officially divorced. USCIS was not informed about separation and it was pointless to let them know about the divorce after card was received. This was not done in attempt to hide something from the government, but because my ex-wife moved to the other side of the country and refused to come down for a court hearing. And as far as I can remember I was not able to file for a waiver not until we were officially divorced. At this point I am remarried to a different woman and have no idea where my ex-wife is. So my question is: what are the potential problems I am facing with USCIS caused by my divorce if I am applying on the basis of being in the US longer than 5 years

you are not going to have any problems as you are applying for the citizenship on the basis of being a LPR for 5 or more years.chill

[Dave&Roza 748]

Hello,

I have an interesting question. I am about to file for citizenship (based on being permanent resident longer than 5 years). I've entered US on K1 visa, got married, got my two year card and shortly after filing for ROC due to circumstances (my wife's affair) we got separated. Marriage was entered in a good faith and responsibility for divorce was taken by my ex-wife (US citizen). I do have all paperwork to prove affair etc. 10 year card was received couple months before we got officially divorced. USCIS was not informed about separation and it was pointless to let them know about the divorce after card was received. This was not done in attempt to hide something from the government, but because my ex-wife moved to the other side of the country and refused to come down for a court hearing. And as far as I can remember I was not able to file for a waiver not until we were officially divorced. At this point I am remarried to a different woman and have no idea where my ex-wife is. So my question is: what are the potential problems I am facing with USCIS caused by my divorce if I am applying on the basis of being in the US longer than 5 years

None. You completed the ROC and received the 10 year GC and then got a divorce. Sounds like everything was done correctly. Relax. Go pour yourself an adult beverage and enjoy the holidays.

Good luck,

Dave

[BebaJP80 1]

Dave&Roza. I'm on a similar situation as you are.

I have a question. The first time I got my LPR was back on 05/05/05/ Then I got the the 10yr GC on 08/20/09

So is this means I can apply for citizenship? Its been 7 years, 6 months from my first GC.

[Dave&Roza 748]

Dave&Roza. I'm on a similar situation as you are.

I have a question. The first time I got my LPR was back on 05/05/05/ Then I got the the 10yr GC on 08/20/09

So is this means I can apply for citizenship? Its been 7 years, 6 months from my first GC.

You qualify based on 5 years as a LPR as long as you also meet the residency requirements listed here.

Good luck,

Dave

[ike.east 0]

Hello friends…. So here is my second question… (see recap of my first questionbelow)

Original post:

I have an interesting question. I am about to file for citizenship (based on being permanent resident longer than 5 years). Ive entered US on K1 visa, got married, got my two year card and shortly after filing for ROC due to circumstances (my wifes affair) we got separated. Marriage was entered in a good faith and responsibility for divorce was taken by my ex-wife (US citizen). I do have all paperwork to prove affair etc. 10 year card was received couple months before we got officially divorced. USCIS was not informed about separation and it was pointless to let them know about the divorce after card was received. This was not done in attempt to hide something from the government, but because my ex-wife moved to the other side of the country and refused to come down for a court hearing. And as far as I can remember I was not able to file for a waiver not until we were officially divorced. At this point I am remarried to a different woman and have no idea where my ex-wife is. So my question is: what are the potential problems I am facing with USCIS caused by my divorce if I am applying on the basis of being in the US longer than 5 years

-----------------------------------------------------------------------------------

So my second question is do I need to file all of the paperwork that shows the prove of the affair, that consequently caused the divorce. I have signed and notarized affidavits of friends who witnessed things, statement from the counseling group was helping us to put the marriage together and actually a affidavit of my ex-wife stating that she does not want to be married and does not hold me liable for failure of the marriage. Do I need to even send this in? I always thought the more you provide, the better you off. But somehow I am not sure that in this case it might be a good idea.

Edited December 19, 2012 by ike.east

[nwctzn 55]

Do not send in too many documents about your first marriage. Just send in the divorce decree which is required.

Take all other documentation with you to the interview just in case the officer asks for them. You should be fine.

[Enigma11561 336]

More is not necessarily better. Give them what they want not what you think they need.

[NickD 202]

At this point I am remarried to a different woman and have no idea where my ex-wife is.

So who is this other woman? A US citizen or someone from your home country? Former would not be a problem, latter suggests fraud, and will be questioned on this. Remaining single would not be a problem either.

[gstrength 20]

Hello friends…. So here is my second question… (see recap of my first questionbelow)

Original post:

I have an interesting question. I am about to file for citizenship (based on being permanent resident longer than 5 years). I’ve entered US on K1 visa, got married, got my two year card and shortly after filing for ROC due to circumstances (my wife’s affair) we got separated. Marriage was entered in a good faith and responsibility for divorce was taken by my ex-wife (US citizen). I do have all paperwork to prove affair etc. 10 year card was received couple months before we got officially divorced. USCIS was not informed about separation and it was pointless to let them know about the divorce after card was received. This was not done in attempt to hide something from the government, but because my ex-wife moved to the other side of the country and refused to come down for a court hearing. And as far as I can remember I was not able to file for a waiver not until we were officially divorced. At this point I am remarried to a different woman and have no idea where my ex-wife is. So my question is: what are the potential problems I am facing with USCIS caused by my divorce if I am applying on the basis of being in the US longer than 5 years

-----------------------------------------------------------------------------------

So my second question is – do I need to file all of the paperwork that shows the prove of the affair, that consequently caused the divorce. I have signed and notarized affidavits of friends who witnessed things, statement from the counseling group was helping us to put the marriage together and actually a affidavit of my ex-wife stating that she does not want to be married and does not hold me liable for failure of the marriage. Do I need to even send this in? I always thought the more you provide, the better you off. But somehow I am not sure that in this case it might be a good idea.

your divorce and circumstances have no bearing on your becoming a citizen. All that is required from you is a copy of the divorce decree. You will be fine.

[ike.east 0]

Thank you all!!! You are ALL awesome.. Happy Holidays!!!!

[bettenan 1]

your divorce and circumstances have no bearing on your becoming a citizen. All that is required from you is a copy of the divorce decree. You will be fine.

If he is applying based on five years why does he need to supply his actual divorce decree ? All he needs to supply is his green card, two photos and the money. There is a place on the application to disclose all marriages and divorces but I have not seen any indication that it is expected that you supply that physical documentation in the five year process. Can anyone who has been divorced and been through the five year process say for sure ?

Thanks

[mozplay 29]

If he is applying based on five years why does he need to supply his actual divorce decree ? All he needs to supply is his green card, two photos and the money. There is a place on the application to disclose all marriages and divorces but I have not seen any indication that it is expected that you supply that physical documentation in the five year process. Can anyone who has been divorced and been through the five year process say for sure ?

Thanks

I submitted my application under the 5-year rule in November and you are REQUIRED to submit a copy of your divorce decree (if you've been divorced, of course). Note .. I said A COPY. Do not submit originals of anything except the N-400.

Edited December 19, 2012 by mozplay

[bettenan 1]

I submitted my application under the 5-year rule in November and you are REQUIRED to submit a copy of your divorce decree (if you've been divorced, of course). Note .. I said A COPY. Do not submit originals of anything except the N-400.

Ooops sorry we're taking apples and oranges sorry. You are divorced from the the USC you got your original green card with, we are still married (I am taking about prior divorce/s.) They only need to be documented in writing unless you are going the three year/marriage route.

[mozplay 29]

Ooops sorry we're taking apples and oranges sorry. You are divorced from the the USC you got your original green card with, we are still married (I am taking about prior divorce/s.) They only need to be documented in writing unless you are going the three year/marriage route.

No. I'm still married to the USC. I'm divorced from a Canadian, actually. I still had to provide a copy of the final dissolution.

You can see where it asks for the document here ... on the Document Checklist. Look down towards the bottom of page one.

It says:

"If you were married before, send:

- Proof that all earlier marriages ended (divorce decree(s), annulment(s), death certificate(s)."

Even though this comes directly after the section containing information specific to the 3-year filing option, it is not a part of that section. It stands on its own.

Edited December 19, 2012 by mozplay