Vindictive ex-spouse doesn't want to provide notarized statement that I paid Child Support, for US Citizenship. Help!

[Dan Salomons 1]

I am a green card holder, currently (re-)married to a US citizen, living and working in New York, and I have been in the USA for over 10 years. 
I have 2 kids from a previous American marriage; they are Americans, living mainly by my ex-spouse here in the US.

I want to file for US naturalization. 
 

One item I am supposed to submit with my N-400 form is a notarized declaration of my ex-wife that I have complied with consistent payment of the child support. 
I have consistently met my obligation to pay child support.

My vindictive ex-wife doesn’t want to provide me with such a declaration. 

I can provide the divorce agreement and record of payments. I never missed even 1 payment!

Through mediation I tried to get her to sign the document, but she persist in her refusal.
 

I don’t know what to do. Is there any other way to comply with this requirement? 
Is there any immigration lawyer who dealt with this and could advise me? 

Thanks in advance. 

 

[powerpuff 6,736]

*** Thread moved from CR1/IR1 spousal visa forum to US Citizenship forum as the question is about N400 ***

[Ontarkie 14,285]

I don't remember ever seeing the requirement to have a notarized letter from an Ex.  Trying to get an Ex to sign something would be like getting blood from a stone. I sure the heck would not help my ex with anything, not one single thing ever. USCIS knows full well how ugly things can get no way would that be a requirement. 

 

What you do need is proof you have been paying child support. So if you have the court order showing the amount and proof that you are making those payments that is what you need. Nothing from her at all. 

 

I'm off to go look at the forms to see, incase I just put my foot in my mouth

Edited December 5 by Ontarkie

[Ontarkie 14,285]

Just looked over the forms again. Those are ideas you can use to help with proof of payments. Basically if you're on good terms they will take a letter from the ex to help with proof. In your case your EX is not willing so your best forms of proof are you records of payments.

[JeanneAdil 6,568]

Letter from the exwife is 1 way to prove this / there are others 

 

N 400 instructions page 15

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

Required Evidence - Child and Spousal Support Provide evidence that you have complied with any child and spousal support obligations. If you have dependent children living apart from you, provide evidence that you support each dependent child and that you have complied with any child support obligations. If a court has ordered you to provide financial support for a spouse, former spouse, or children, provide the court or government order and evidence that you have complied with the order.

 

For example:

1. Cancelled checks or money order receipts;

2. A court or agency document showing child support payments;

3. Evidence of wage garnishments; or

4. A notarized letter from the parent or guardian who cares for your children

[Boiler 45,708]

Sounds like you are good to go

[Crazy Cat 41,982]

1 hour ago, Ontarkie said:

What you do need is proof you have been paying child support.

^^^This right here.  It overrides anything an ex might say.

[mniceguy16 187]

3 hours ago, Dan Salomons said:

I am a green card holder, currently (re-)married to a US citizen, living and working in New York, and I have been in the USA for over 10 years. 
I have 2 kids from a previous American marriage; they are Americans, living mainly by my ex-spouse here in the US.

I want to file for US naturalization. 
 

One item I am supposed to submit with my N-400 form is a notarized declaration of my ex-wife that I have complied with consistent payment of the child support. 
I have consistently met my obligation to pay child support.

My vindictive ex-wife doesn’t want to provide me with such a declaration. 

I can provide the divorce agreement and record of payments. I never missed even 1 payment!

Through mediation I tried to get her to sign the document, but she persist in her refusal.
 

I don’t know what to do. Is there any other way to comply with this requirement? 
Is there any immigration lawyer who dealt with this and could advise me? 

Thanks in advance. 

 

As long you have proof of payment, you really do not need her signature. USCIS asks for a notarized copy as a replacement for receipts because they understand it’s complicated to always keep all receipts. Just make sure you rub it on her face when you get that citizenship because I can sense she is just trying to hold you back from getting it.

[OldUser 6,911]

7 minutes ago, mniceguy16 said:

Just make sure you rub it on her face when you get that citizenship because I can sense she is just trying to hold you back from getting it.

With OP needing to see the kid in the future, I wouldn't be doing this. If a dog barked at you, would you bark back?

[discoverusa 277]

It's always advisable to keep records of child support payments that were made. This is not only necessary for naturalization, but in case on any issue or misunderstanding with the ex in the future. 

[Dan Salomons 1]

Thanks everyone who responded! 

Very helpful. 
Sending in my application soon now!