Divorced

[jin2x 4]

      I have question here, I hope anyone can enlighten my mind. I been married for 8 years long story short  me and my husband are not getting along to each other now. we decided to get divorced. If I file Divorced what are the requirements to file a U.S citizenship? as of now I have all requirements and  I did fill up the I-400 form  but I guess I need to change and wait till my divorced degree are done. If  we got divorced and I file my Citizenship, Do I need to submit like our billings, married cert., his passport , his Birth certificate, his divorced degree from his  first wife   or not necessary since were divorced already. 

    My other question if ever we do legal separation that way we separate all our bank acct. etc.  and leave on the same house and if I file my Citizenship while were on legal separation is it a problem during my interview for  Citizenship? and If we do legal Separation Do i Submit same Requirements that the USCIS ask for or what.  

 

Thanks I hope someone can give me some advice's 

[jin2x 4]

18 minutes ago, jin2x said:

      I have question here, I hope anyone can enlighten my mind. I been married for 8 years long story short  me and my husband are not getting along to each other now. we decided to get divorced. If I file Divorced what are the requirements to file a U.S citizenship? as of now I have all requirements and  I did fill up the N-400 form  but I guess I need to change and wait till my divorced  are done. If  we got divorced and I file my Citizenship, Do I need to submit like our billings, married cert., his passport , his Birth certificate, his divorced degree from his  first wife   or not necessary since were divorced already. 

    My other question if ever we do legal separation that way we separate all our bank acct. etc.  and leave on the same house and if I file my Citizenship while were on legal separation is it a problem during my interview for  Citizenship? and If we do legal Separation Do I Submit same Requirements that the USCIS ask for or what.  

 

Thanks I hope someone can give me some advice's 

 

[C90 376]

2 hours ago, jin2x said:

      I have question here, I hope anyone can enlighten my mind. I been married for 8 years long story short  me and my husband are not getting along to each other now. we decided to get divorced. If I file Divorced what are the requirements to file a U.S citizenship? as of now I have all requirements and  I did fill up the I-400 form  but I guess I need to change and wait till my divorced degree are done. If  we got divorced and I file my Citizenship, Do I need to submit like our billings, married cert., his passport , his Birth certificate, his divorced degree from his  first wife   or not necessary since were divorced already. 

    My other question if ever we do legal separation that way we separate all our bank acct. etc.  and leave on the same house and if I file my Citizenship while were on legal separation is it a problem during my interview for  Citizenship? and If we do legal Separation Do i Submit same Requirements that the USCIS ask for or what.  

 

Thanks I hope someone can give me some advice's 

All the information should be on https://www.uscis.gov/us-citizenship/citizenship-through-naturalization

[Going through 5,671]

I realize you said  you were married for 8 years...not sure how long of that has been spent as an actual LPR.....

 

If you filed the N400 based on the 3-year rule, your N400 will be denied once the IO realizes you are divorced/separated/or going through actual divorce proceedings---because you are no longer eligible to be granted your naturalization based on marriage.  You would have to wait until you reach the 5-year eligibility to file.

 

If you filed the N400 based on the 5 year rule, your marital status/future divorce is irrelevant to the adjudication, as you are eligible to be granted your naturalization based on residency---questions about your marriage may come up during your interview, but being divorced/divorce proceedings/separation cannot be used as a sole reason for denial.

Edited July 4, 2019 by Going through

[jin2x 4]

I have correction in my post actually we been married almost 8 years this coming October. I arrived here in the U.S  October 2011 and since that I never been back to Philippines since 2011. 

[Going through 5,671]

10 minutes ago, jin2x said:

I have correction in my post actually we been married almost 8 years this coming October. I arrived here in the U.S  October 2011 and since that I never been back to Philippines since 2011. 

What is the "resident since" date on your greencard?  That's what determines whether you are eligible for the 3 year rule (provided you're actually still living in marital union) or 5 year rule for naturalization.  Not the length of your marriage or date of arrival in the US.

 

Since you are divorcing you would have to wait until you are eligible under the 5 year rule.

Edited July 4, 2019 by Going through

[jin2x 4]

3 hours ago, Going through said:

I realize you said  you were married for 8 years...not sure how long of that has been spent as an actual LPR.....

 

If you filed the N400 based on the 3-year rule, your N400 will be denied once the IO realizes you are divorced/separated/or going through actual divorce proceedings---because you are no longer eligible to be granted your naturalization based on marriage.  You would have to wait until you reach the 5-year eligibility to file.

 

If you filed the N400 based on the 5 year rule, your marital status/future divorce is irrelevant to the adjudication, as you are eligible to be granted your naturalization based on residency---questions about your marriage may come up during your interview, but being divorced/divorce proceedings/separation cannot be used as a sole reason for denial.

We been together  almost 8 years this coming October . I arrived  here in the U.S October 11,2011 and got married October 18,2011.

[jin2x 4]

1 hour ago, Going through said:

What is the "resident since" date on your greencard?  That's what determines whether you are eligible for the 3 year rule (provided you're actually still living in marital union) or 5 year rule for naturalization.  Not the length of your marriage or date of arrival in the US.

 

Since you are divorcing you would have to wait until you are eligible under the 5 year rule.

Im a lawful resident since 4/20/2013

[Going through 5,671]

Just now, jin2x said:

Im a lawful resident since 4/20/2013

You are eligible under the 5 year rule.  There is no need to submit evidence of your marriage with the N400 as it will be adjudicated based on your residency, and not on your marriage (or marital status if you end up filing for divorce).

[jin2x 4]

2 minutes ago, Going through said:

You are eligible under the 5 year rule.  There is no need to submit evidence of your marriage with the N400 as it will be adjudicated based on your residency, and not on your marriage (or marital status if you end up filing for divorce).

So if one of us file the Divorce  this year I will be ok not having trouble during my interview? So if file citizen ship after Divorce  should i submit only my green card copy, the Income tax return which both our names. And our Divorce decree? And my bank acct. And if ever I move out and move other place where my job is . I live in Oklahoma and my job in Arkansas should i refort to the USCIS change of address or wait till my divorce finalize then report them change adress? 

[Going through 5,671]

21 minutes ago, jin2x said:

So if file citizen ship after Divorce  should i submit only my green card copy, the Income tax return which both our names. And our Divorce decree? And my bank acct.

If you are filing under the 5-year rule, the green card copy is needed at the time of your application.  You can bring copies of your tax returns to your interview incase they are asked to be seen by the IO.

 

Bank account, divorce decree, bills, etc. are not required for 5 year filers----you will be adjudicated based on meeting the 5 year residency status, not your marriage...your divorce will not be an issue towards any sole reason for denial.

 

21 minutes ago, jin2x said:

And if ever I move out and move other place where my job is . I live in Oklahoma and my job in Arkansas should i refort to the USCIS change of address or wait till my divorce finalize then report them change adress? 

As an LPR, you are required to  report any change of address to USCIS within 10 days of moving, by filing the AR-11 form online (for free).

Edited July 4, 2019 by Going through

[jin2x 4]

6 minutes ago, Going through said:

If you are filing under the 5-year rule, the green card copy is needed at the time of your application.  You can bring copies of your tax returns to your interview incase they are asked to be seen by the IO.

 

Bank account, divorce decree, bills, etc. are not required----you will be adjudicated based on meeting the 5 year residency status, not your marriage...your divorce will not be an issue towards any sole reason for denial.

 

As an LPR, you are required to  report any change of address to USCIS within 10 days of moving, by filing the AR-11 form online (for free).

Thanks a lots for the information. Hppy 4th of July God bless you!

[Going through 5,671]

3 minutes ago, jin2x said:

Thanks a lots for the information. Hppy 4th of July God bless you!

Best of luck with your filing!

[Boris Farage 353]

13 hours ago, Going through said:

If you are filing under the 5-year rule, the green card copy is needed at the time of your application.  You can bring copies of your tax returns to your interview incase they are asked to be seen by the IO.

 

Bank account, divorce decree, bills, etc. are not required for 5 year filers----you will be adjudicated based on meeting the 5 year residency status, not your marriage...your divorce will not be an issue towards any sole reason for denial.

Echoing everything said here -- filed under the 5 year rule a week after I left my wife. Very straightforward process. Didn't need to provide any 'proof' of my marriage except putting the details in my application, and it wasn't an issue during the interview. Had my tax returns with me, marriage certificate and a copy of my divorce petition but the officer wasn't interested. The interview was very relaxed and even dare I say it enjoyable. Good luck to you @jin2x, go ahead and file for divorce and don't worry about the naturalisation.

[jin2x 4]

1 hour ago, Boris Farage said:

Echoing everything said here -- filed under the 5 year rule a week after I left my wife. Very straightforward process. Didn't need to provide any 'proof' of my marriage except putting the details in my application, and it wasn't an issue during the interview. Had my tax returns with me, marriage certificate and a copy of my divorce petition but the officer wasn't interested. The interview was very relaxed and even dare I say it enjoyable. Good luck to you @jin2x, go ahead and file for divorce and don't worry about the naturalisation.

Cool ! So you just fill up the form no more evidence? Like other people say no need  further evidence .