N-400 after I-751 waiver due to divorce

[aparis1983 0]

Hi,

So, I married my ex-wife in July of 2011 but we were divorced (no-fault divorce) in September of 2012. Before the 2-year conditional residence was to expire I applied for a change of status to permanent resident using an I-751 waiver proving a bonafide marriage. It was approved pretty quick as I submitted a tower of evidence proving our marriage was legitimate. 

Now, after 5 years and 4 months as a resident I'm about to submit my N-400 application. Under the list of documents and evidence to submit it states that if "applying for naturalization on the basis of marriage to a US citizen" I must submit marriage certificates, joint bank statements, leases, etc, etc.

My question is whether I'm applying on the basis of marriage to a US citizen or not. Since I now have a 10-year green card that I got after the I-751 waiver I'm actually applying on the basis of being a resident for 5-years, right? I don't need to resubmit all of the documents I submitted as evidence for my I-751?

thanks!

[JFH 12,191]

Since you are divorced you are not eligible to apply based on marriage. Irrelevant anyway as you have been a resident for 5 years so your marital status has no bearing on your citizenship application. 

[aparis1983 0]

5 minutes ago, JFH said:

Since you are divorced you are not eligible to apply based on marriage. Irrelevant anyway as you have been a resident for 5 years so your marital status has no bearing on your citizenship application. 

That's what I figured. I just wasn't sure if I should resubmit all evidence out of an abundance of caution. But that's just asking for a can of worms to be opened up. I'm just going to submit all evidence required for a 5-year permanent resident and nothing else.

thanks!

[Eliis 8]

On 3/22/2017 at 9:24 PM, aparis1983 said:

Hi,

So, I married my ex-wife in July of 2011 but we were divorced (no-fault divorce) in September of 2012. Before the 2-year conditional residence was to expire I applied for a change of status to permanent resident using an I-751 waiver proving a bonafide marriage. It was approved pretty quick as I submitted a tower of evidence proving our marriage was legitimate. 

Now, after 5 years and 4 months as a resident I'm about to submit my N-400 application. Under the list of documents and evidence to submit it states that if "applying for naturalization on the basis of marriage to a US citizen" I must submit marriage certificates, joint bank statements, leases, etc, etc.

My question is whether I'm applying on the basis of marriage to a US citizen or not. Since I now have a 10-year green card that I got after the I-751 waiver I'm actually applying on the basis of being a resident for 5-years, right? I don't need to resubmit all of the documents I submitted as evidence for my I-751?

thanks!

I know it was long ago but could you make a list of that "tower of documents" that you submitted with I751 waiver?

[Joansapphire 0]

I just got approved for a 10 year gc and have a divorce waiver. I got married 2014 and divorced 6 mos after i got my 2 yr conditional gc. After divorce we still continue living together because i got pregnant and now pregnant again with our second child. I know that i need to wait for another 2 years (to reach the 5 year rule of holding a gc) because i am no longer qualified for the 3 year rule because i was divorce. Anyone here who knows someone who got their N400 approved eventhought they are divorced? Having 2 kids after divorce is a strong evidence but hesitant to apply because we are divorced. Also we are planning to get married again this summer

Edited May 10, 2018 by Joansapphire

[OhWait 12]

On 5/10/2018 at 7:56 AM, Joansapphire said:

I just got approved for a 10 year gc and have a divorce waiver. I got married 2014 and divorced 6 mos after i got my 2 yr conditional gc. After divorce we still continue living together because i got pregnant and now pregnant again with our second child. I know that i need to wait for another 2 years (to reach the 5 year rule of holding a gc) because i am no longer qualified for the 3 year rule because i was divorce. Anyone here who knows someone who got their N400 approved eventhought they are divorced? Having 2 kids after divorce is a strong evidence but hesitant to apply because we are divorced. Also we are planning to get married again this summer

Well, did you end up applying for N-400?