n400 N400 Filing Process - Divorce case

[Ben Jr Sairy 8]

Hi Everyone,

 

I initially came to the US in Dec 2019, but due to differences with my ex-wife we filed for divorce and I went back to my home country on 27th Jan 2020 [basically stayed with her with about a month]. I later came back on 14th August 2020 and have been staying in Texas since then. I have received 10 year IR1 green card (since I was married for more than 2 years before I entered the US for the first time). My divorce got finalized in end of Dec 2020 and I have the decree.

 

Some pointers - 

 

* I am not in touch with my ex-wife.

* I am paying child support for the only child we have.

* I dont have the original marriage certificate.

* I have the divorce decree that was sent to me in mail.

* I know she did show me as a joint filer to reduce her income tax but I never signed anything.

* We did have a joint account together and had $100 but I never used that account and its closed now due to low funds.

* I have been working full time since Jan 2021 and paying all my taxes and filing yearly returns.

 

I have some follow-up questions - 

 

1. Since I entered US in Aug 2020, I am becoming eligible for naturalization in Aug 2025. Can I fill up the N400 form 3 months prior to Aug? Or it has to be done only after the 5 year completion date? *I think I read somewhere that one can fill up the form 3 months prior to 5 year completion but I could be wrong.

2. Should I be worried about questions related to divorce? What all questions should I be prepare for and what all documents shall I carry along with me?

3. I am worried about filling the application correctly. At the time of filing of the application, what all documents are asked in general and also what other documents are to be uploaded related to marriage or divorce or both? Is there a video or link that can help with filling up the application?

4. In general, what other preparation is needed for the interview? Is there a thread or online link or YouTube video that the community member direct me to for the preparation? I saw somewhere people were saying they were asked about the president etc.

5. Was anybody who was divorced got declined for any reason?

6. Should I be keeping note of anything else? Or be worried about anything for which I can prepare before the interview?

 

Since I have time at hand, I want to start preparation right away and also be ready with documents that I may not have right now but are needed.

 

Regards

 

@avania @JohnSmith1234 @mycase17 @Savva @lucardo3 @cablewyres @AftM89 @BlueDevil @Timona @Chancy @OldUser @da95826

 

[OldUser 7,310]

1. Yes, you can file 90 days early.

[OldUser 7,310]

1 hour ago, Ben Jr Sairy said:

2. Should I be worried about questions related to divorce? What all questions should I be prepare for and what all documents shall I carry along with me?

Typically, marriage is not an issue for N-400 under general provision. However, USCIS can review entire immigration history and ask questions about circumstances around divorce. Bring evidence of bonafide marriage.

[OldUser 7,310]

1 hour ago, Ben Jr Sairy said:

5. Was anybody who was divorced got declined for any reason?

 

For sure. With hundreds of thousands of applicants, there definitely were people who got denied citizenship.

[OldUser 7,310]

4. Here are official materials:

https://www.uscis.gov/citizenship/find-study-materials-and-resources/study-for-the-test

 

 

[Crazy Cat 42,082]

2 hours ago, Ben Jr Sairy said:

I have some follow-up questions - 

 

1. Since I entered US in Aug 2020, I am becoming eligible for naturalization in Aug 2025. Can I fill up the N400 form 3 months prior to Aug? Or it has to be done only after the 5 year completion date? *I think I read somewhere that one can fill up the form 3 months prior to 5 year completion but I could be wrong.

2. Should I be worried about questions related to divorce? What all questions should I be prepare for and what all documents shall I carry along with me?

3. I am worried about filling the application correctly. At the time of filing of the application, what all documents are asked in general and also what other documents are to be uploaded related to marriage or divorce or both? Is there a video or link that can help with filling up the application?

4. In general, what other preparation is needed for the interview? Is there a thread or online link or YouTube video that the community member direct me to for the preparation? I saw somewhere people were saying they were asked about the president etc.

5. Was anybody who was divorced got declined for any reason?

6. Should I be keeping note of anything else? Or be worried about anything for which I can prepare before the interview?

1.  Yes.

2.  Yes. You got your Green Card via marriage, yet you stayed with her only a month.  They can (and will likely) scrutinize your immigration path.

3.  The application will tell you which ones to upload.  For the application you only need a few things.  But you need to take a lot of evidence showing a good faith marriage to the interview just in case.

4.  Google "N-400 checklist"

5.  Yes.  

6.  See #3 above.

 

 

Edited 18 hours ago by Crazy Cat

[Ben Jr Sairy 8]

3 hours ago, Crazy Cat said:

2.  Yes. You got your Green Card via marriage, yet you stayed with her only a month.  They can (and will likely) scrutinize your immigration path.

 

You make a really good point. We had major differences and she threw my stuff out, pushed me and said she will drop me to a shelter home. Don't want to open the can of worms as now I have moved on and healed by going back to my home country. I didn't want to call cops on her or anything like that as I wanted a peaceful divorce.

 

Having said that, I initially got a 2 years GC (CR1) but got it converted to IR1 (10 years) as I entered the US 2 years after the marriage and USCIS sent the wrong GC in the first place. But here's the thing - I had initiated the application for 10 years in Dec 2020 and had sent my 2yr GC along with that application. USCIS issued me 10 year GC in Oct 2024 and its valid till Oct 2034. So they took a lot of time to process that application. I had sent copy of marriage certification, 2 year GC and an hand written application reasoning why I should be issued a 10 years GC. And they never asked for any other documentation for these 4 years when they were processing the application. I was getting a one year stamp on my passport (pending IR1 application) that allowed me to work and travel (I didnt travel outside of the US though) 

 

Given this background and after reading your comment (which is totally valid), I am thinking to either not apply for naturalization till I am fully prepared for the questions OR hire an immigration attorney who can help with the kind of questions that will come up. What would you suggest with more background on my story? 

Edited 15 hours ago by Ben Jr Sairy