Married before, applying based on permanent residency - question

[mimigrant 0]

Hello - My window of having lived in the US for 5 years as a permanent resident opens in December. I would like to start prepping the docs and have a question for you guys.

I've been married from 2009-2010 (divorce granted in 2011) and have received a GC while removing conditions in the same year (waiver RoC). My main question is if I have to send any documentation this time with the N-400 package showing my marriage was bonafide or not (as in my mind, I already "proved it" during RoC).

Here's how my cover letter list of docs I'll send will be looking like, so far (I'll fix it when sending it). So, nothing regarding previous marriage to US citizen besides marriage certificate and divorce decree copies.

What do you guys think? Appreciate any relevant comments! Thank you!

Cover letter list:

- A photocopy of both sides of Permanent Resident Card (front and back) (1 page);

- 2 identical color photographs, with name and Alien Registration Number (A-Number) written lightly in pencil on the back of each photo - on Ziploc bag;

- N-400 – Application for Naturalization, signed & dated #####;

- A ( ) check or ( ) money order for the application fee and the biometrics services fee for fingerprinting in the amount of ______ ($680 as of July 2013 – 595+85) payable to: Department of Homeland Security. A number on the back of check or money order;

Proof that all earlier marriages ended:

- Copy of Marriage certificate, dated _______ (1 page);

- Copy of divorce decree, dated _______ (# pages);

- Copies of IRS Tax Return Transcripts from 2009, 2010, 2011 & 2012 (# pages);

- Lease copies for the last 5 years (Rent payments and pay stubs) (?).

[mimigrant 0]

So I guess my question is really do I have to send any of these from the 1-2 years I was married to a US citizen?:

4. Documents referring to you and your spouse:

Tax returns, bank accounts, leases, mortgages, or birth certificates of children, or

Internal Revenue Service (IRS)-certified copies of the income tax forms that you both filed for the past three years, or

An IRS tax return transcript for the last three years.

Edited July 12, 2013 by themimigrant

[Autumnal 25]

You do not have to prove your marriage was bona fide if you were applying on the 5 year rule. That only becomes an issue with the three year conditional rule, because the PR is married to the USC.

Your documentation is essentially correct:

- N-400 and related forms

- 2 passport style photos

- Cheque/money order

- Copies of your ID (green card, passport, DL, etc.)

- Divorce decree

- Marriage certificate

- Tax transcripts for 5 years

[mimigrant 0]

Thank you very much, Muse! It seems the easist of the processes so far, then

[carolyn1161 0]

I also applied for the 5 year rule. If you answer question A - you do not need to provide tax return transcripts or Marriage cert.

You only need this:

- N-400 and related forms

- 2 passport style photos

- Cheque/money order

- Copies of your ID (green card, passport, DL, etc.)

- Divorce decree

Review the instructions and you will see this is correct. At least that is my and my husband interpretation. If you apply for question B. 3 year marriage you need to provide those other documents :-)

If I am wrong I will find out shortly, but we reviewed and reviewed the instructions and this was our interpretation and followed the Document checklist, you pass over this question:

If you are applying for naturalization on the basis of marriage to a U.S. citizen, send the following 4 items: <- This is question B. not A.

See this next question:

If you were married before, send: Divorce Decree

Very easy!!

Hope this helps!

[Jamericanlove 31]

You only need this:

- N-400 and related forms

- 2 passport style photos

- Cheque/money order

- Copies of your ID (green card, passport, DL, etc.)

- Divorce decree

I'm applying based on the 5 year rule shortly and this is what I'll be sending in my packet to USCIS also after reading the instructions.

[VanessaTony 3,567]

Thank you very much, Muse! It seems the easist of the processes so far, then

You DO NOT write your A number on the back of the money order or check. You write it in the "memo" section. The back of the check is for endorsement which you do not do.

You DO write your A number on the back of the photos though.

[mimigrant 0]

I also applied for the 5 year rule. If you answer question A - you do not need to provide tax return transcripts or Marriage cert.

You only need this:

- N-400 and related forms

- 2 passport style photos

- Cheque/money order

- Copies of your ID (green card, passport, DL, etc.)

- Divorce decree

Oh makes a LOT of sense, thank you for that! I hate the idea of sending more info than I need, specially financial stuff.

If you remember, would you please let me know later if you get any RFE for not sending tax transcripts?

Thanks Jamaicanlove and Vanessa as well - point noted and appreciated

[carolyn1161 0]

YES!!! You DO write your A# on the back of the check!!! As per below instructions on the document checklist!!

A check or money order for the application fee and the biometrics services fee for fingerprinting, as stated in the M-479,

Current Naturalization Fees, enclosure in the Guide. (Applicants 75 years of age or older are exempted from fingerprinting and

the biometrics services fee). Write your A-Number on the back of the check or money order.

~~~~~~~~~~~~~

Yes, I will definitely let you know what happens (if I remember lol)

[Jamericanlove 31]

Oh makes a LOT of sense, thank you for that! I hate the idea of sending more info than I need, specially financial stuff.

If you remember, would you please let me know later if you get any RFE for not sending tax transcripts?

Thanks Jamaicanlove and Vanessa as well - point noted and appreciated

You're welcome. Although the instructions don't state that they should be sent in along with the packet I have all transcripts of taxes filed since being a PR and will bring those along with me to the interview in case the officer would like to see them.

[mimigrant 0]

Vanessa, me and Carolyn were right - they ask to "Write your A-Number on the back of the check or money order." It's in the instructions of the Documents checklist, check it out: http://www.uscis.gov/files/article/attachments.pdf

Jamaicanlove, good point - I won't send taxes in but will bring it to interview just in case.