Marriage Certificate for N-400 (5 year rule)

[frangipani 0]

I am preparing to mail my N-400 documents (based on 5 year residency) and I found different information on N-400 Instructions and Document Checklist; where in the N-400 Instructions i need to submit

"Photocopy of your Current Legal Marital Status Document. Provide a photocopy of your current marriage certificate, divorce, annulment decree, or death certificate of former spouse"

However in Document Checklist, I need to submit those only when I am applying on the base of 3 year marriage.

So do i need to mail copy of marriage certificate and divorce decree along with 5-year based N-400?

Thanks in advance!

[aleful 1,905]

hi

if you are divorced, then only copy of your divorce decree, since you are filing based on the 5 year rule and not on marriage

[frangipani 0]

Thank you for your reply.

I'm not divorced but my husband is. Should i include copy of his divorce decree?

[Sekhvaruli 74]

Thank you for your reply.

I'm not divorced but my husband is. Should i include copy of his divorce decree?

No, it's your application, not your husband's. After 5 years of residence your relationship with the US citizen doesn't matter.

[frangipani 0]

Thank you!

I'm just pretty nervous and it does seem like i need to submit only 4 items: N-400, copy of Green Card, Passport photo, and check because everything else doesn't apply to me (no attorney, not married before, no IRS prob, no long trips outside US, etc). I just wanted to be sure that I don't miss anything.

[Sekhvaruli 74]

Thank you!

I'm just pretty nervous and it does seem like i need to submit only 4 items: N-400, copy of Green Card, Passport photo, and check because everything else doesn't apply to me (no attorney, not married before, no IRS prob, no long trips outside US, etc). I just wanted to be sure that I don't miss anything.

Your tax information for the previous 5 years is also needed.

[frangipani 0]

5 year tax return? Isn't that for the interview?

[JimmyHou 611]

Your tax info does not need to be sent in.

Your marriage certificate does not need to be sent in.

However, you should have both, as well as your husbands divorce decree at the interview.

Your N400 interviewer can, under USCIS rules, verify that you got your green card legitimately. Applicants are often asked about their marriages even when filing under the 5 year rule. Under this rule, the current state of your relationship is irrelevant, but your relationship at the time you got your greencard is relevant. Most 5 year applicants are not asked for any of this. But some are. If you are divorced or if your spouse is, the chances go up slightly, but that doesn't mean you'll definitely be asked for evidence.

Edited June 22, 2016 by JimmyHou

[frangipani 0]

Thank you so much JimmyHou, I really appreciate your info!