N400 5-Year Rule - Divorced

[PlusUltra 8]

Should a divorce be a cause for concern when applying using the 5-year rule? We got divorced approx. 2 years after I got the 10-year green card and have lots of evidence proving bona fide marriage - it simply just did not work out. I am really stressing out if this will, in any way, affect the results of the N400... Any help will be greatly appreciated!

[Family 3,988]

Zip. Zilch . Nada. 
You served your time . 
As long as you don’t owe the IRS , have a criminal record or backdue child support, you are good to go. 

[mushroomspore 3,044]

11 hours ago, FianceInTraining said:

Should a divorce be a cause for concern when applying using the 5-year rule? We got divorced approx. 2 years after I got the 10-year green card and have lots of evidence proving bona fide marriage - it simply just did not work out. I am really stressing out if this will, in any way, affect the results of the N400... Any help will be greatly appreciated!

You don't need to prove bonafide marriage under the 5 year rule and there is no effect. Why would it? It says very plainly in the N400 that for the 5 year rule, the main eligibility requirement is that you've been a PR for 5 years. No mention of marriage under that rule.

[Chancy 6,241]

2 hours ago, mushroomspore said:

You don't need to prove bonafide marriage under the 5 year rule and there is no effect. Why would it? It says very plainly in the N400 that for the 5 year rule, the main eligibility requirement is that you've been a PR for 5 years. No mention of marriage under that rule.

 

For immigrants who obtained LPR status based on marriage (like K1/CR1/IR1/F2A immigrants), the circumstances of the underlying marriage is still subject for review, even when applying for N-400 under the 5-year rule.  Difference with the 3-year rule is that the applicant is not required to submit marriage evidence, and the IO just needs to verify that the marriage was valid at the time the immigrant gained LPR status, not the time of N-400 filing.  So even if the immigrant divorced a month after getting their GC, as long as the marriage was entered in good faith and USCIS already has the relevant evidence, it won't negatively affect the N-400.  Details in the USCIS policy manual, under the section for "Underlying Marriage" -- https://www.uscis.gov/policy-manual/volume-12-part-d-chapter-2

 

@FianceInTraining, with all the relationship evidence that USCIS already has from your K1+AOS+ROC, it's very unlikely that the subject of your marriage and divorce will even come up during your N-400 interview.  In the unlikely event that you are asked about it, just answer truthfully.  No need to worry.

 

[PlusUltra 8]

I am just psyching myself out

[Fou99 0]

Hi,

 

I hope it went well. Please let me know how it went - kind of having the same problem.