Divorced LPR filing N-400

[NuHere 6]

Hello everyone,

I have been going through the forum today, trying to get some information regarding this situation.

There is some conflicting info. People seem to say that it makes a difference if you're filing as a 3 year LPR vs 5 year LPR. Supposedly, they don't really ask about your marriage if you have been a LPR for 5 years or longer. This applies to me, but I'd still like to know what to expect at the interview. Things didn't end well with my ex and we divorced after approximately 5 years of marriage (I had my 10 year GC for almost 2 years at that point).

I glanced over the N-400 form and it requires information about (ex)spouse.... there really isn't any difference in terms of what they ask for whether you're a 3 year or 5 year LPR.

I'm not really sure what "background check" means.. for example, will USCIS reach out to my ex before my interview? We had a good marriage for about 4 years, but the last year got messy.

Any info would be much appreciated!

Edited August 3, 2014 by NuHere

[dioxide45 25]

Background check is an FBI/criminal background check to make sure you haven't been arrested for or committed any crimes. They don't check references like talking to your ex-wife. They ask for evidence of former marriage termination to verify that you perhaps did not have multiple concurrent marriages to pass the moral character test. If you are filing under a five-year LPR, they may ask you about your former marriage, when it ended and will want to see the divorce decree. But it would have no bearing on your intelligibility for naturalization.

[Ed and Gina 45]

You've posted before...and the answers you got weren't confusing. Doesn't matter how long you've been here...you're divorced and you MUST report it and you MUST have a decree of divorce. Pure and simple. The language is quite clear on the forms. Regardless of how messy your divorce was...unless she filed a complaint against you for abuse...there should not be an issue.

[aleful 1,905]

hi

the difference of 3 or 5 years isn't the information on the form, it's the additional evidence to prove that you still have a bona fide marriage if a person is filing under the 3 year rule, the same type of evidence that you sent the first time for the GC or the removal of conditions

[NuHere 6]

Thank you guys.

Ed and Gina, I have no idea what you're referring to. I just discovered this forum last night and this is my very first post.

hi

the difference of 3 or 5 years isn't the information on the form, it's the additional evidence to prove that you still have a bona fide marriage if a person is filing under the 3 year rule, the same type of evidence that you sent the first time for the GC or the removal of conditions

I see. This is what was confusing me. I thought there was an actual different form, depending on if you're filing under the 3 year rule or the 5 year rule.

[aleful 1,905]

hi

nope, just one N400 and you mark if you are filing under the 3 year rule or 5 years

but since you are divorced you had to have waited 5 years to apply for citizenship

the amount of evidence is the difference. there is hardly any under the 5 year rule compared to those filing under the 3 year rule

[NuHere 6]

Got it! Thanks again..

Where do you find out what kind of evidence is required with respect to 3 year vs 5 year?

Again, I only saw one list... I believe it included green card, state ID, marriage license, divorce decree, tax returns and selective service registration.

[NuHere 6]

I believe it included green card, state ID, marriage license, divorce decree, tax returns and selective service registration.

Also a passport and two pictures.

[NuHere 6]

Actually, I'm not sure if I need to send in both the marriage certificate and divorce decree or just the divorce decree.

Can anyone who has been in the same situation advise me?

Thank you.

[Worried_joel 6]

Nuhere,

I am going through the same path like you. 5 years LPR through marriage. I finished my interview on July 1st. and until now I have not got anything from them yet. Still waiting. Hate it.... At first they send a initial request for evidence and later they said it was an error. So I should ignore that notice. Today it is passed 30 days from 1st July. I am going to see if they make any decisions this week!! God bless me!!!!!

[Ian H. 207]

Here is a checklist with what they typically require.

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

[NuHere 6]

Joel, good luck with everything. Please let me know how things progress from here on.

Can you tell me how your interview went and how much did the IO ask about your previous marriage? What documents did you submit with your application?

Ian, thank you for the link. I think my confusion comes from the language.

It says:

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

In my mind, I am, because that's how I got my residency... based on a marriage. But the more I read here, I think this is the 3 year rule... they are talking about a current marriage.

My case would be:

"If you were married before, send:"

Am I correct?

Edited August 4, 2014 by NuHere

[Ian H. 207]

No, that would be if you are applying based on the 3 year requirement.

Since you are applying based on 5 years, you can disregard the stuff that you have to send in based on the 3 year requirements.

Where it says "if you are applying based on the marriage..." you wouldn't send none of that.

The only thing they need from your marriage, is your final divorce document.

Joel, good luck with everything. Please let me know how things progress from here on.

Can you tell me how your interview went and how much did the IO ask about your previous marriage? What documents did you submit with your application?

Ian, thank you for the link. I think my confusion comes from the language.

It says:

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

In my mind, I am, because that's how I got my residency... based on a marriage. But the more I read here, I think this is the 3 year rule... they are talking about a current marriage.

My case would be:

"If you were married before, send:"

Am I correct?

[NuHere 6]

Thank you! So it's as I started to suspect today.

I'd only send copy of my green card, 2 pictures and a check.. the 3 items everyone has to send... and then the decree of divorce and probably selective service registration?

No need to send marriage license, tax returns or any of that.. as I initially thought.

[Ian H. 207]

Yes basically anything on the checklist, that applies to you.

Thank you! So it's as I started to suspect today.

I'd only send copy of my green card, 2 pictures and a check.. the 3 items everyone has to send... and then the decree of divorce and probably selective service registration?

No need to send marriage license, tax returns or any of that.. as I initially thought.