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Angie02

Question About the 5 years rule to apply for citizenship

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Hi there,

I got my Resident status through marriage. We have been married for almost 12 years and now I want to apply for citizenship on my own based on the 5 years rule. Can I do that? What documents will I need? I ask this because my husband was married before and now he can't find his divorce decree ( it wasn't a US divorce decree). However, when we first applied to get my conditional residence we submitted a copy of his divorce decree and obviously was accepted. Ok, my question is Do I need his divorce decree even if I am applying under the 5 years rule?.

Thanks in advance

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Filed: Citizen (apr) Country: China
Timeline

I don't believe so. The N-400 Checklist only lists US Citizen Spouse Divorce docs only if basing naturalization based on 3 years of residency to same US citizen spouse. It only requests copies of your marriage cert, and any prior divorce certs from your past, not US Cit.

N-400Marriagedivorcedocs.jpg

http://www.uscis.gov/files/article/attachments.pdf


OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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Thank you so much for your input! Ok let's see if I can explain this Of course we had the divorce decree at one point with us. it just got lost in one of our movings( My husband was in the US Army) If you read my post closely then I am sure you didn't miss the part where I stated that when we applied for my residence around 12 years ago we submitted his divorce decree from his previous marriage and a copy of our Marriage certificate.

you can download the n-400 and instructions uscis forms, married 12 years and don't have a divorce decree, i'm not sure another vj member can help you on that,

Edited by Angie02

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Filed: Citizen (apr) Country: Jordan
Timeline

Divorce/Annulment decrees: It's required if applicant was previously married. Must be a certified copy. It's also relevant to the information because N-400 asks about all the previous marrages. Thus, officer retains the right to ask this document as s/he may prefer.

About the 5 Years rule. I dont think, s/he will ask u about ur spouse previous marriages.

And u said u submitted that papers. 12 Years ago. so it should be there on ur file, and on the desk during the Interview. because the Interviwere will bring all ur file, since u start till the last step.

Please wait for better answer

Edited by Sand

بســــم اللـــــه الــــرحمـن الــــرحــــيم

My N-400 timeline, I hope it will help - Local Office (Chula Vista Field Office - San Diego)

10/01/2010: Application was sent.

10/04/2010: Application was received.

10/06/2010: Email received "Application has been received" & Noticed Date.

10/07/2010: "Touch"

10/08/2010: "Touch" & Check was Cashed

10/09/2010: NOA1 Received via mail.

10/22/2010: Status Changed Online "Request for evidence" It was for Biometrics.

10/25/2010: Request for evidence recieved "Biometrics Notice".

11/18/2010: Biometrics date ==> 11:00AM. Biometrics was taken On time.

12/03/2010: "Yellow Letter" Received.

12/06/2010: "Touch" Case Moved to "Testing and Interview".

12/08/2010: Interview Letter received via mail.

01/13/2011: Interview Date. Done, " Thanks To ALLAH, I Passed the Test.

01/18/2011: Oath Letter was Sent.

01/20/2011: Oath Letter Recieved via mail.

01/28/2011: Oath Date. ==> Done, I am a U.S. Citizen

01/31/2011: Applied for a U.S. Passport Book, And, U.S. Passport Card.

02/25/2011: Passport Book's Received.

02/26/2011: Passport Card's Received.

02/28/2011: Certificate Of Naturalization's Returned.

Game Over.

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Thank you so much!

I don't believe so. The N-400 Checklist only lists US Citizen Spouse Divorce docs only if basing naturalization based on 3 years of residency to same US citizen spouse. It only requests copies of your marriage cert, and any prior divorce certs from your past, not US Cit.

N-400Marriagedivorcedocs.jpg

http://www.uscis.gov/files/article/attachments.pdf

that's what i tought. Thanks!

Divorce/Annulment decrees: It's required if applicant was previously married. Must be a certified copy. It's also relevant to the information because N-400 asks about all the previous marrages. Thus, officer retains the right to ask this document as s/he may prefer.

About the 5 Years rule. I dont think, s/he will ask u about ur spouse previous marriages.

And u said u submitted that papers. 12 Years ago. so it should be there on ur file, and on the desk during the Interview. because the Interviwere will bring all ur file, since u start till the last step.

Please wait for better answer

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Filed: Citizen (apr) Country: Jordan
Timeline

Divorce/Annulment decrees: It's required if applicant was previously married. Must be a certified copy. It's also relevant to the information because N-400 asks about all the previous marrages. Thus, officer retains the right to ask this document as s/he may prefer.

About the 5 Years rule. I dont think, s/he will ask u about ur spouse previous marriages.

And u said u submitted that papers. 12 Years ago. so it should be there on ur file, and on the desk during the Interview. because the Interviwere will bring all ur file, since u start till the last step.

Please wait for better answer


بســــم اللـــــه الــــرحمـن الــــرحــــيم

My N-400 timeline, I hope it will help - Local Office (Chula Vista Field Office - San Diego)

10/01/2010: Application was sent.

10/04/2010: Application was received.

10/06/2010: Email received "Application has been received" & Noticed Date.

10/07/2010: "Touch"

10/08/2010: "Touch" & Check was Cashed

10/09/2010: NOA1 Received via mail.

10/22/2010: Status Changed Online "Request for evidence" It was for Biometrics.

10/25/2010: Request for evidence recieved "Biometrics Notice".

11/18/2010: Biometrics date ==> 11:00AM. Biometrics was taken On time.

12/03/2010: "Yellow Letter" Received.

12/06/2010: "Touch" Case Moved to "Testing and Interview".

12/08/2010: Interview Letter received via mail.

01/13/2011: Interview Date. Done, " Thanks To ALLAH, I Passed the Test.

01/18/2011: Oath Letter was Sent.

01/20/2011: Oath Letter Recieved via mail.

01/28/2011: Oath Date. ==> Done, I am a U.S. Citizen

01/31/2011: Applied for a U.S. Passport Book, And, U.S. Passport Card.

02/25/2011: Passport Book's Received.

02/26/2011: Passport Card's Received.

02/28/2011: Certificate Of Naturalization's Returned.

Game Over.

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Filed: IR-5 Country: Pakistan
Timeline

If you are applying based on 5 year rules , you need much less documentation with you N 400 application.

1- Completed and duly signed N400 naturalization application.

2-Photocopy of the front and back of your Permanent GC(10 year).

3-2 passport size pictures having your name and A# written on back of each picture slightly with pencil.

4-Check of $675 or $ 680( please conform) payable to the Department of Homeland Security, having your A#.

About the tax transcripts you can order it from IRS by phone for the last 4 or 5 years and take them wit you at the time of your interview.

Thats it and your ready to file.

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Filed: Citizen (pnd) Country: Australia
Timeline

If you are applying based on 5 year rules , you need much less documentation with you N 400 application.

1- Completed and duly signed N400 naturalization application.

2-Photocopy of the front and back of your Permanent GC(10 year).

3-2 passport size pictures having your name and A# written on back of each picture slightly with pencil.

4-Check of $675 or $ 680( please conform) payable to the Department of Homeland Security, having your A#.

About the tax transcripts you can order it from IRS by phone for the last 4 or 5 years and take them wit you at the time of your interview.

Thats it and your ready to file.

You don't need tax transcripts if you are filing using the 5 year rule (3 year marriage, then yes), except if you have been out of the country for 6 months or more at a time(then it's to prove residency).


My timeline:



  • [00] N-400 Dallas ---------------------------- 02/22/2011
    [03] N-400 Received -------------------------02/25/2011
    [06] PD ------------------------------------------ 02/28/2011
    [07] Check Cashed --------------------------03/01/2011
    [08] NOA: Email/SMS ------------------------03/02/2011
    [10] NOA Received by Mail -----------------03/04/2011
    [14] 'Touched' ---------------------------------03/08/2011
    [14] FP Notice Issued: Email/SMS ------ 03/08/2011
    [18] FP Received by Mail --------------------03/12/2011
    [30] FP Appointment-Done!----------------03/24/2011
    [59] YL--------------------------------------------04/22/2011
    [71] To Local Office Email/SMS ----------05/04/2011
    [74] IL-------------------------------------------- 05/07/2011
    [108]ID------------------------------------------- 06/10/2011 Passed!
    [157] OL Received by Mail ----------------- 07/29/2011
    [185] OD----------------------------------------- 08/26/2011 US Citizen

event.png

event.png

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