N-400 filing after divorce/withdrawl or prior N400 filing

[BlueDevil 61]

Hello.  I have a unique situation that I would like some help with if anyone has seen this before.

 

I received my PR card through marriage.  The card was issued on 8/5/14.  I was married for 9 years before we decided to part ways in 2021.  I had filed an N400 application and was scheduled for an interview in April 2021.  However. I had a lot on my plate at the time since we were in the middle of trying to figure out whether or we would remain married.  As such, I withdrew my application and received acknowledgment from USCIS of the same.  I am now ready to file my N400 again.  Given the fact that I am 8 years from the date of the PR card issue date, I imagine I can file my application without any ties to the PR card via marriage is that correct?  During the application, would I need to submit any evidence of my marriage and subsequent divorce?  What type of evidence do I need to submit with my application?  

 

I'm sure I will be questioned about my divorce during the interview and I'm prepared to answer questions at that time.  I just wasn't sure what evidence I needed to submit with my initial application.  Also, if I need to take any specific documents with me when it comes time for the interview I would like to gather that as well.  For what it's worth, and if need be, I can get an affidavit from my former in-laws who I still have an excellent relationship with.

 

Thank you! 

[Timona 4,208]

You won't be questioned about the divorce as you'll be filing under 5 year category.  Infact, you shouldn't have had a problem in 2021. I am not sure who advised you to withdraw. You divorce wouldn't have impacted your N400 then

[Chancy 6,243]

32 minutes ago, BlueDevil said:

During the application, would I need to submit any evidence of my marriage and subsequent divorce?  What type of evidence do I need to submit with my application?

 

Since you are eligible to file N-400 under the 5-year rule, no need to submit evidence of bona fide marital union with your application.  At your N-400 interview, you may or may not be asked about your marriage and divorce.  Bring whatever evidence you have of your married life, like joint tax filings and account statements, though it is unlikely that you will be asked for them.

 

[OldUser 7,342]

@BlueDevil asking just in case, when you received your green card in 2014, were you married to US citizen for under two years or over two years?

 

If you were married for over two years and received 10 year GC, then you should not worry.

 

If you were married for under two years, received 2 year conditional card and removed conditions by filing I-751 which got approved, you should not worry.

 

If in 2014 you received conditional green card and never removed conditions, then you should worry.

 

Edited November 2, 2022 by OldUser

[BlueDevil 61]

Thank you all for your feedback.  I'm glad to see that my new filings doesn't appear to be overly complicated.  To address some of your comments/questions:

 

@Timona - no one advised me to withdraw my original application.  It was solely my decision for the simple reason that I had too much going on at the time, and not in the right head space. 

 

@OldUser - I did receive a conditional two-year green card at the time and filed I-751 when it came time to lift the conditions.  That was approved without any issues and I was issued a 10-year card.  My PR card expires in 2027.

 

Guess I can move forward with my new application now.  I will take all the 'married life' evidence with me to the interview just in case.

[OldUser 7,342]

@BlueDevil looks like your conditions were removed when you were still married and lived together. I don't think you would have any problems with that. Make sure to include copy of divorce decree and bring the original to N-400 interview.

 

Good luck!

[BlueDevil 61]

@OldUser - I am a little confused by your last post.  Are you saying that even if I file using the 5-year rule that I will still need to include a copy of my divorce decree?  I am happy to bring it along with me in case questions are asked at the interview but I wasn't sure if it needed to be included in the initial application packet.  Would I not also then need to submit my marriage certificate and joint tax return/asset docs?

[OldUser 7,342]

1 hour ago, BlueDevil said:

@OldUser - I am a little confused by your last post.  Are you saying that even if I file using the 5-year rule that I will still need to include a copy of my divorce decree? 

Yes, if N-400 asks for your marital status. If you are divorced, you need divorce decree in the docs.

 

You can skip it, but it will probably result in RFE and delays.

[BlueDevil 61]

3 minutes ago, OldUser said:

Yes, if N-400 asks for your marital status. If you are divorced, you need divorce decree in the docs.

 

You can skip it, but it will probably result in RFE and delays.

Thanks! Been spending my evening reading up on the subject.  I think I have everything squared away now and will certainly include my divorce decree with the docs submitted.  Many thanks for your help! 

[OldUser 7,342]

1 hour ago, BlueDevil said:

Would I not also then need to submit my marriage certificate and joint tax return/asset docs?

All the bonafide marriage evidence is irrelevant under 5 year rule. Not 100% sure you would need to submit marriage certificate. You need the last 5 years of tax returns.

[BlueDevil 61]

4 minutes ago, OldUser said:

All the bonafide marriage evidence is irrelevant under 5 year rule. Not 100% sure you would need to submit marriage certificate. You need the last 5 years of tax returns.

No problem there.  I have all the docs so I think I will submit a copy of the marriage certificate as well just in case.  The worst thing that can happen is they don't need it and they simply ignore it.  Tax returns I have all the transcripts for as well.  

[da95826 387]

2 hours ago, BlueDevil said:

I will take all the 'married life' evidence with me to the interview just in case.

Good idea, USCIS will review your green card case. I am not sure how close your i751 case is to your divorce but as long as you either let USCIS know about the divorce in a i751 waiver if during the ROC case or you got divorce well after the ROC was approved you should be good.

 

Have bona fide marriage proof and show the timing of the divorce verses the ROC case. Most likely will not need it but would be nice to have if the interviewing officer requests it.

[BlueDevil 61]

2 minutes ago, da95826 said:

Good idea, USCIS will review your green card case. I am not sure how close your i751 case is to your divorce but as long as you either let USCIS know about the divorce in a i751 waiver if during the ROC case or you got divorce well after the ROC was approved you should be good.

 

Have bona fide marriage proof and show the timing of the divorce verses the ROC case. Most likely will not need it but would be nice to have if the interviewing officer requests it.

My marriage took place in 2011, conditional GC received in 2014, ROC approved in 2016 and divorce in 2021.  So there is plenty of time between ROC and divorce for it to not matter when it comes to the N400.  I just want to be prepared for any curveball that they might throw at me.  

[da95826 387]

You should be good, I doubt they will need anything with that timeline.

 

USCIS will be interested in your marriage status because it is on the naturalization certificate. Bring original marriage documents, divorce decrees, IRS tax transcripts,  and any other requested documents needed. 

[BlueDevil 61]

4 minutes ago, da95826 said:

You should be good, I doubt they will need anything with that timeline.

 

USCIS will be interested in your marriage status because it is on the naturalization certificate. Bring original marriage documents, divorce decrees, IRS tax transcripts,  and any other requested documents needed. 

Sounds good.  Thanks much!  And so my journey begins ... again 😀