n400 N400 Filing Process - Divorce case

[Ben Jr Sairy 10]

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 7,321]

1. Yes, you can file 90 days early.

[OldUser 7,321]

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 7,321]

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 7,321]

4. Here are official materials:

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

 

 

[Crazy Cat 42,097]

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 yesterday at 07:46 PM by Crazy Cat

[Ben Jr Sairy 10]

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 yesterday at 10:57 PM by Ben Jr Sairy

[Ani2 32]

21 hours ago, Ben Jr Sairy said:

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

 

Bring any possible evidence that you have to prove you had a bonafide marriage. Emails, texts, social media etc can help. 

[mam521 2,153]

How old is your child and (not trying to be rude or facetious or make any assumptions) but you're positive it is your child?

[Crazy Cat 42,097]

15 hours ago, Ben Jr Sairy said:

What would you suggest with more background on my story? 

After reading the additional information, I think you would be wise to be well prepared.  Has she contacted USCIS? 

Edited 8 hours ago by Crazy Cat

[Ben Jr Sairy 10]

51 minutes ago, Crazy Cat said:

After reading the additional information, I think you would be wise to be well prepared.  Has she contacted USCIS? 

Below are the documents that I have - 

 

1. Marriage Certificate - Not original though but a colored photocopy

2. Marriage Album

3. Regular child support payments are already documented - Can take pay stubs to show that

4. Might have marriage invite card as well - its been 8 years but will have to check

 

What else could I be prepared for?

[Ben Jr Sairy 10]

54 minutes ago, mam521 said:

How old is your child and (not trying to be rude or facetious or make any assumptions) but you're positive it is your child?

That's a good point. My child was born within 9 months of marriage. The child was born in the US. I can't guarantee if its mine as there was no tests that was done but there are looks that are similar but can't be certain. But as per the court orders, I am paying regular child support 

1 hour ago, Ani2 said:

Bring any possible evidence that you have to prove you had a bonafide marriage. Emails, texts, social media etc can help. 

Below are the documents that I have - 

 

1. Marriage Certificate - Not original though but a colored photocopy

2. Marriage Album

3. Regular child support payments are already documented - Can take pay stubs to show that

4. Might have marriage invite card as well - its been 8 years but will have to check.

5. There are a lot of email exchanges that happened before and after marriage. Would you suggest taking print out of those emails? I have them saved.

 

What else could I be prepared for?

[Ani2 32]

10 minutes ago, Ben Jr Sairy said:

That's a good point. My child was born within 9 months of marriage. The child was born in the US. I can't guarantee if its mine as there was no tests that was done but there are looks that are similar but can't be certain. But as per the court orders, I am paying regular child support 

Below are the documents that I have - 

 

1. Marriage Certificate - Not original though but a colored photocopy

2. Marriage Album

3. Regular child support payments are already documented - Can take pay stubs to show that

4. Might have marriage invite card as well - its been 8 years but will have to check.

5. There are a lot of email exchanges that happened before and after marriage. Would you suggest taking print out of those emails? I have them saved.

 

What else could I be prepared for?

1.Marriage certificate- Bring the copy if you don’t have the original. 
2.Marriage album- Print everything you have, even pictures from the period you dated your ex wife. 
3.Child support- Just print the evidence of payments, does your child have your last name ? 
4.Marriage invite card- Sure, print that too if you have it.

5.Emails, texts- print everything you have while you were dating, during marriage, I guess you can print and after marriage just to explain what was the cause of divorce. In my case the officer did ask me for the reason of my divorce. 
Did you travel while being married? Flight tickets, stamps on passport, hotel bookings all of that can be helpful. 
Affidavits from your family, her family if possible, your mutual friends as well. You can find examples of affidavits on this site. 
 

[Ben Jr Sairy 10]

13 minutes ago, Ani2 said:

1.Marriage certificate- Bring the copy if you don’t have the original. 
2.Marriage album- Print everything you have, even pictures from the period you dated your ex wife. 
3.Child support- Just print the evidence of payments, does your child have your last name ? 
4.Marriage invite card- Sure, print that too if you have it.

5.Emails, texts- print everything you have while you were dating, during marriage, I guess you can print and after marriage just to explain what was the cause of divorce. In my case the officer did ask me for the reason of my divorce. 
Did you travel while being married? Flight tickets, stamps on passport, hotel bookings all of that can be helpful. 
Affidavits from your family, her family if possible, your mutual friends as well. You can find examples of affidavits on this site.

 

1.Marriage certificate- Bring the copy if you don’t have the original. [Okay]
2.Marriage album- Print everything you have, even pictures from the period you dated your ex wife. [I can take the original album]
3.Child support- Just print the evidence of payments, does your child have your last name ? [Yes the child has my last name, does that make any difference?]
4.Marriage invite card- Sure, print that too if you have it. [Karan - I will try to take the original]

5.Emails, texts- print everything you have while you were dating, during marriage, I guess you can print and after marriage just to explain what was the cause of divorce. In my case the officer did ask me for the reason of my divorce. [We never dated, it was an arranged marriage. I have emails from courtship and post marriage as we were living in different countries]
Did you travel while being married? Flight tickets, stamps on passport, hotel bookings all of that can be helpful. [No proofs of this available] 
Affidavits from your family, her family if possible, your mutual friends as well. You can find examples of affidavits on this site. [I can only get affidavits from my family]

 

Reason for divorce - we had irreconcilable differences and we filed for a mutual divorce. The divorce decree mentions that it was mutual and my ex-wife will keep full custody of the child. And now I am paying child support since an year since she filed for it in the court.

 

Reading the above answers, what are your thoughts to individual pointers and any other advice knowing these details from a 3rd party view of my situation.

[OldUser 7,321]

5 minutes ago, Ben Jr Sairy said:

 

1.Marriage certificate- Bring the copy if you don’t have the original. [Okay]
2.Marriage album- Print everything you have, even pictures from the period you dated your ex wife. [I can take the original album]
3.Child support- Just print the evidence of payments, does your child have your last name ? [Yes the child has my last name, does that make any difference?]
4.Marriage invite card- Sure, print that too if you have it. [Karan - I will try to take the original]

5.Emails, texts- print everything you have while you were dating, during marriage, I guess you can print and after marriage just to explain what was the cause of divorce. In my case the officer did ask me for the reason of my divorce. [We never dated, it was an arranged marriage. I have emails from courtship and post marriage as we were living in different countries]
Did you travel while being married? Flight tickets, stamps on passport, hotel bookings all of that can be helpful. [No proofs of this available] 
Affidavits from your family, her family if possible, your mutual friends as well. You can find examples of affidavits on this site. [I can only get affidavits from my family]

 

Reason for divorce - we had irreconcilable differences and we filed for a mutual divorce. The divorce decree mentions that it was mutual and my ex-wife will keep full custody of the child. And now I am paying child support since an year since she filed for it in the court.

 

Reading the above answers, what are your thoughts to individual pointers and any other advice knowing these details from a 3rd party view of my situation.

Given weak evidence of bonafide marriage, I'd take a lawyer to the interview.