Effect of past divorce on n400

[bettenan 1]

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.

Sorry, it states "If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items:" That's the three year not the five year. I get paid to read and interpret these things, so I'll be mighty surpised if I'm wrong. Even though we are still (very happily) married, since Richard passed the five year mark it seemed easier to go with less documented route. Much less paperwork to screw up. No problem to bring tax transcrips (which I had ordered) joint HUD-1, bank statements etc with to the interview if they want to see them, but I doubt that they will.

[Ontarkie 14,133]

Duplicate topics merged.

[mozplay 28]

Sorry, it states "If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items".

The request for the divorce decree is not one of those four items. It is a separate request on the checklist. Using your logic it would follow that everything that comes after the 4 items would be a part of filing under the 3-year option. This would include trips abroad, military service etc. This simply is not the case.

In fact, one of the reasons I think they ask everyone for the divorce decree has something to do with the background checks too.

[randye80 24]

Interesting question about whether to include proof of termination of all earlier marriages, if filing based on 5-years. I will point out that neither Form N-400 nor the instructions for form N-400 mentions this, it is only the checklist.

To the original poster: your "proof of affair" carries no weight and is unnecessary, regardless. You are divorced and remarried, so noone else cares about the sordid details.

[bettenan 1]

Interesting question about whether to include proof of termination of all earlier marriages, if filing based on 5-years. I will point out that neither Form N-400 nor the instructions for form N-400 mentions this, it is only the checklist.

To the original poster: your "proof of affair" carries no weight and is unnecessary, regardless. You are divorced and remarried, so noone else cares about the sordid details.

If they want them they will will ask, and I'll send them. It will cause a delay which is not a problem. We are not stressing about anything other than getting an interview/oath appointment the same week as the vacation we have planned for in early June. They don't need the documents to do the background check all of the detailed information has been provided on the N-400 plus they have seen they docs during the other processes. I'll be surprised if it's an issue but ya never know.

[nwctzn 55]

Interesting question about whether to include proof of termination of all earlier marriages, if filing based on 5-years. I will point out that neither Form N-400 nor the instructions for form N-400 mentions this, it is only the checklist.

Well, the checklist is USCIS Publication M-477 as below and it clearly states to include divorce decrees (there is no distinction between 5 and 3 year filers). I think it is very clear, don't you?

http://www.uscis.gov/files/article/attachments.pdf

[bettenan 1]

Well, the checklist is USCIS Publication M-477 as below and it clearly states to include divorce decrees (there is no distinction between 5 and 3 year filers). I think it is very clear, don't you?

http://www.uscis.gov/files/article/attachments.pdf

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items:

1. Evidence that your spouse has been a U.S. citizen for the last 3 years:

a. Birth certificate (if your spouse never lost citizenship since birth); or

b. Certificate of Naturalization; or

c. Certificate of Citizenship; or

d. The inside of the front cover and signature page of your spouse’s current U.S. passport; or

e. Form FS-240, Report of Birth Abroad of a Citizen of the United States of America; and

2. Your current marriage certificate; and

3. Proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s)); and

4. Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; or

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; or

c. An IRS tax return transcript for the last 3 years.

See what I bolded. You only need to include these items if you are doing the three year (based on your spouse being a US Citizen). If you have been here five years you can apply on your own.

Like I said, I am pretty good a cutting through gov speak since I do it for a living, not that I can't get it wrong. But for now we can agree to disagree and like I said if the USCIS wants our stuff they can have it. I'm done with this. I have to tussle with the public over this (kind of) stuff every day, so I wish everyone here the best of luck in their journey .

[nwctzn 55]

I'm done with this. I have to tussle with the public over this (kind of) stuff every day, so I wish everyone here the best of luck in their journey .

Dear bettenan,

Here is the full version:

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items:

1. Evidence that your spouse has been a U.S. citizen for the last 3 years:

a. Birth certificate (if your spouse never lost citizenship since birth); or

b. Certificate of Naturalization; or

c. Certificate of Citizenship; or

d. The inside of the front cover and signature page of your spouse’s current U.S. passport; or

e. Form FS-240, Report of Birth Abroad of a Citizen of the United States of America; and

2. Your current marriage certificate; and

3. Proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s)); and

4. Documents referring to you and your spouse:

a. Tax returns, bank accounts, leases, mortgages, or birth certificates of children; or

b. Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past 3 years; or

c. An IRS tax return transcript for the last 3 years.

If you were married before, send:

Proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

See the post in red!!!!

Please do not post only a partial section to try to validate what you said earlier. This has nothing to do with the earlier section about marriage to US citizen. The USCIS wants to make sure about your legal/marital status and that you have terminated all previous marriages lawfully, period.

---

Edited December 20, 2012 by nwctzn

[nwctzn 55]

Final clarification:

If you apply based on marriage to US citizen:

- Send proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s))

- If you were married before, send proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

If you apply based on 5 year residency:

- If you were married before, send proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

.

Edited December 20, 2012 by nwctzn

[Okalian 41]

Final clarification:

If you apply based on marriage to US citizen:

- Send proof of termination of all prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s))

- If you were married before, send proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

If you apply based on 5 year residency:

- If you were married before, send proof that all earlier marriages ended (divorce decree(s), annulment(s), or death certificates(s)).

.

Ditto

[NickD 202]

Nothing on the check lists about bringing in a worthless utility bill, or proof that you paid a six buck parking ticket, but your IO has the authority to requests this type of evidence that can cause major delays.

If you came here via marriage and that ended up in a divorce, questions will arise. In particular if it was that marriage is how you came here, got a divorce from that sponsor, and remarried. To avoid long delays, best to be prepared, and not with stories, but with legal documentation.

[nwctzn 55]

Nothing on the check lists about bringing in a worthless utility bill, or proof that you paid a six buck parking ticket, but your IO has the authority to requests this type of evidence that can cause major delays.

True; the interviewing officer can ask you to produce documentation that is not on the checklist. Hence, go to the interview with as many extra documentation as possible in case the officer requests any of them.

On the other hand, for the N-400 application, send in what is stated on the checklist. Read the USCIS checklist below very carefully:

http://www.uscis.gov/files/article/attachments.pdf

[nwctzn 55]

A picture is worth a thousand words. The blue box is for applicants based on marriage to US citizen. The red box applies to ALL applicants.

Edited December 20, 2012 by nwctzn