Divorce papers need to be attached to N-400 ?

[Turbota 11]

Another question if you will ...

Again, my wife is getting ready to mail in her N-400.

I was married (and divorced) twice previously before marrying my current Filipino wife in the Philippines before bringing her to the US 3 years ago.

I filled out all the required info on the N-400 concerning my previous marriages (and divorces), but it states on the N-400 that I need to attach all divorce decrees.

Well, I don't have copies of my divorce papers. Do you think my wife can still submit her N-400 without my previous divorce papers?

Thanks,

___________________________________

[NancyNguyen 1,657]

Nope, it is one of primary items to submit. Contact your court/ public record to obtain copies of divorce decree.

[Turbota 11]

Thank's Nancy

[Turbota 11]

My wife has another problem however that there appears no fix for ....

She was arrested 2 years ago on a 'misdemeanor' charge of battery / domestic violence. She spent about 8 hours in jail before being let out. Then the charge was dismissed by the judge and obviously, she never had to go to court. Since the charge was dismissed by the judge, she was allowed to have the arrest record expunged here in the state of Florida, which she did.

So, the bottom line is ... she has never been convicted of any crime.

Immigrations told me that she needed to attach a certified copy of the court order dropping the case against her of all charges to her N-400.

Now for the problem ... My wife's attorney cannot find there copy of the court order signed by the judge which shows the case was dropped. Additionally, my wife never got a copy from the court.

I called the Circuit Court Clerk's office and asked how my wife can get a copy of this document, and they said it would be impossible since the record has been expunged. The clerks office legally has no access to her case because of the expungement.

The only paper I have is from the court showing her record as being expunged (which I will attach to my wife's N-400)

My guess is that they won't approve her citizenship because USCIS has no proof that she has not been convicted of a crime ....... however, you would think that USCIS could find that out if they really wanted to ?

Edited July 7, 2014 by Turbota

[cutie bear 2]

the divorce papers are important one of the primary evidences listed in the N-400 document checklist. You need to get a copies of these attach both divorce decrees in the application. Good luck!!!

[Bill and Vicky 25]

She was arrested and incarcerated. She needs documentation for it. Even if it's been expunged. How about the arrest record? You may need an attorney to draft a motion for a judge to sign explaining that it's all over and done with, but you will need some paperwork. If the IO has to dig for information or feels you're not sharing everything, you're going to leave with an RFE at best.

Regards,

Bill

[Udella&Wiz 325]

I had to submit copies of my husband's 2 divorce decrees.