Hello:

Me and my husband may finally get to divorce. Anyway wondering what will happen in the future (after 5 years I got 10 yrs greencard) if I want to be naturalized, by then am I still applying citizenship based on marriage? do I still need to turn in all the marriage proof paperwork (tax return and so on...) even if we've divorced?

thanks so much!

No. As a divorced alien, you will be applying based upon having been a permanent resident for 4 years and 9 months.

We did have a post not long ago from someone who applied after 5 years because she (I think it was a she) and her husband had gotten divorced after the I-751 was granted, and at the interview the AO told her they needed her to submit all that proof that the marriage had been legit, and that they have the right to review all past decisions (like her K-1 and her green card) at the time of adjudicating the N-400 in order to make sure she hadn't committed immigration fraud at any time in the past.

thanks, that's what I heard too. Guess I just need to keep all the old records:)

You'll see on the application form that save for in certain instances, aliens are required to submit tax returns, whether applying as marriage-based or not. I don't think it has anything to do with whether an alien is divorced. All prior marriages are supposed to be declared on the N400 form as well. Now, I don't know enough about the instance sparkofcreation mentioned to comment one way or another, but my sense tells me that perhaps there was something about the timing of the prior marriage termination that caused USCIS to question further. And obviously more scrutiny is applied to aliens that declared they were married when they filed, but were in a period of separation.