Question About the 5 years rule to apply for citizenship

[Angie02 0]

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

[jkelly07 120]

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,

[jkelly07 120]

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,

[YuAndDan 153]

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.

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

[Angie02 0]

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 February 11, 2011 by Angie02

[Sand 5]

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 February 11, 2011 by Sand

[Angie02 0]

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.

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

[Sand 5]

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

[bonnerbonner 6]

I submitted a copy of our divorce for citizenship and that was based on 3 years marriage. IO did not ask for it, just to verify his name. Copy NOT original NOR certified.

[Angie02 0]

Thank you for your replies! I do have another question, What documents do I need to take with me or send to the interview?

Thanks in advance!

[raaza 0]

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.

[deppeler 1]

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).