Filing for citizenship under different status

[Never summer 0]

Hi!

I was wondering if someone could help me here please. I’m a derivative asylee and just received my RFE after interview for naturalization. I am not 100% confident about the outcome of this process because my ex husband and I are divorced for 5 years now and unfortunately we never really saved any proof of our marriage. We have some.. I am marrried to US citizen and have a kid now. My question is in case of denial of N-400 and if I have a chance to reapply, would I be able to apply through marriage to US citizen?

TIA

[Starkilla09 366]

Your post is a little confusing. If you got your green card through asylum and applied using the 5 year rule, then I don’t see any reason why it should be tied to marriage. This should be the case if you originally got your green card through marriage and are applying based on 3 year rule. Sometimes even applying on 5 year rule some officers might still pry into your current or prior marriage provided the green card was obtained through that marriage just to make sure it was entered originally in good faith. Either way all you can do is send whatever RFE they requested if that’s the case to satisfy them. You can still always apply under 3 year rule with your current spouse provided you’ve been married to and living still for the past 3 years, however; filing with your current spouse will not necessarily absolve you from them digging in to any prior marriage before as I mentioned above as long as you originally got your green card through that marriage.

[Never summer 0]

Thank you for your answer! Yes I did get a GC through asylum and applied for citizenship under 5 year rule. My ex husband and I ended on a “heartbreaking” note but still can cooperate if needed and unfortunately not much of evidence left. We were young. I do not want to be associated with him and asylum case any more (I’m not from the persecuting country) but I understand I have a GC through him. Do you think my chances are higher to reapply through my US spouse or asylum in case of denial and if given an option to do it at all? I have also heard it depends on the officer...

thanks again!

[Starkilla09 366]

This is not like removing conditions where you have to stack up so much evidence. Normally during naturalization only a handful of evidence is required. Chances are they’ll approve it with the small bunch you submitted. Normally the bar is pretty low for naturalization especially when filing under 5 year rule unless they suspect you originally got your green card through fraud. 3 year rule on the other hand is what requires ongoing marital evidence. As you can see it is and should be much easier filing under 5 than 3 year rule.