Help! need advice on my Case. (n-400)

[J-Cue 0]

Hi to all,

I need some advice from anyone can help me, Thank you.

I went to U.S (under tourist visa) April 2002. meet my US spouse 5 months later we got married January 2003. process my papers in NYC (where we live) I got my work permit 3 months later.... my green card took a long time to arrived... and in 2005 we moved to california .. still no Green card, I just keep renewing my work authorization... marriage is good in the beginning , until it starts to fall apart.... I got my GC january 2006 , with 10 years and no condition. my wife left me and went back to east coast with her family around OCtober 2006. on the year 2007 we start to file out tax return as single.... we talk here and there on the phone... I still keep her on my cell phone family plan (since she is struggling with finances)... she met a guy in there and got pregnant around 2008 (but around then we are offically separated)... she filed for divorce2009 Oct and it got finalized. her baby daddy left her and the daugher.. he is no where to be found..... and on my side, I met a US citizen Girlfriend with 13 yr old son around 2008 as well. we moved in together in the house I bought (wtih her son). and we have a beautiful daughter born on OCT 2011, and this year 2012 valentines day feb 14. we got married.

MY Green card status = residents since 1/16/2006 - expires on 2016. no condition.

divorces finalized = OCt 2009

me and exspouse are still friends. she still under my phone family plan hehehe.. (my current spuse knows about it, and is aware) (ex-spouse still in hardship and under government care with food and housing...)

I am filing n-400 under 5 yrs based LPR = but my tax return shows I filed single from 2007-2011.

will these be a problem on my n-400 process? I alredy submitted my application last week 8/15/12

Please help!!!!!!! I am nervous, for I wanted this citizenship so bad , so I can bring my parents.

[girlish_51 0]

If you're filing under 5 years residency I think tax documents are not that necessary. I know some people here who didn't send their tax transcripts when they applied for naturalization. I myself sent 3 years of tax transcripts although I am applying under 5 years rule. Also I am divorced from my USC husband two years now.

[sasaqlain 24]

With what you have told us, I feel you should be ok. Don't panic. Since you are filing under the 5 year rule, your tax returns are only important to the extent that you don't owe IRS anything. Apart from that, just be honest if any questions are asked about your previous marriage. You have more to show than I did when I filed my N400. I don't think you are raising any red flags here. Good Luck!

[J-Cue 0]

Thanks! But I know in one of the guide, to have my 5 yrs certified tax return if under 5 yrs LPR showing as a proof of good moral character that I am paying my tax. but all I'm worried is, I got my GC resident 2006 and she left me later that year.... Even divorce got finalized 2009, my tax return was filed single during the year 2007. I am just making sure this doesnt raise a red flag for the IO. I just want to be ready and know what to say....

Will I be concern??

If you're filing under 5 years residency I think tax documents are not that necessary. I know some people here who didn't send their tax transcripts when they applied for naturalization. I myself sent 3 years of tax transcripts although I am applying under 5 years rule. Also I am divorced from my USC husband two years now.

[J-Cue 0]

Thank you very much! I feel so much better now!

With what you have told us, I feel you should be ok. Don't panic. Since you are filing under the 5 year rule, your tax returns are only important to the extent that you don't owe IRS anything. Apart from that, just be honest if any questions are asked about your previous marriage. You have more to show than I did when I filed my N400. I don't think you are raising any red flags here. Good Luck!