Applying N-400 for the second time after being denied for the first time

[HopefulReggie 0]

Hello Guys,
I am applying N-400 for the second time after being denied last year based on three years of marriage to USC- reason for denial was that USCIS thought Me and my wife didn't live together for entire three years,hence not eligible. This time I am applying on 5 years basis and have some questions regarding eligibility.

1) Date on my GC ( Resident since) is printed as 12/18/2008, Does that mean I am eligible to file on 9/19/2013 based on 5 yrs rule? I am thinking of sending all the documents required by Fed-Ex express on 19th of this month, will that be OK?

2) We recently got divorced after four and Half years of marriage. :-( Do I need to Hire a lawyer because my first N-400 got denied and now that I am divorced?

Thanks in advance

[newlyweds2010 208]

Did you not live together the entire time? Why did they think you did not live together?

[HopefulReggie 0]

Did you not live together the entire time? Why did they think you did not live together?

Yes we were living together the entire time. The only problem we had, was when my wife filed income tax, she had her mom's address on it because we were having a financial problem and she filed as Married filing separate for 2011. Her address and mine was different on tax transcript. I had lawyer back then and after my case got deny, lawyer suggested me to go for an appeal and was asking for a huge sum of money which I was not able to afford. So I thought we would wait for another year to apply and now here I am wondering what would happen this time. I am very hopeful though :-)

Edited September 3, 2013 by HopefulReggie

[Charro 17]

@hopefulReggie i do hope you keep posting as I would love to see how your journey ends. I was also denied based on 3 year marriage. We filed our taxes " head of household " ( i know STUPID!!) and as such that is pretty much an automatic denial. We have since filed the correct Tax status . The IO at the time said I could amend the taxes ( decided not to as was too costly ) or just wait and refile based on 5 yr residency. He was very nice about it. Anyway I plan to refile next year or 2015 based on 5 yr ( resident since 2006) . We are still married but I will file the 5 yr as it seems to be less paperwork etc. I wish you all the best and do keep us abreast of your process. Thanks.