N400 5 year rule: Evidence of viable marriage between ROC and divorce

[Diazy 10]

Hi all,

I had my interview 2 days ago and it didn't go well. I was applying under a 5-year rule since I got a divorce a couple of years ago. The officer wanted to see the evidence of viable marriage for the year after ROC. Since I didn't have any evidence with me (no guides nor their letters said to bring those) the officer said that it's fine and he asked me to mail him:

- letter explaining why we got separated (still painful to talk about it, but at least I can write it),

- tax returns for the years after ROC (easy),

- lease agreement (my copy doesn't have my own or my ex-husband's signature, it only has a signature of the landlord, so I hope it won't be a problem),

- bank statements. Here is the problem: after we closed an account our bank was bought by another bank, and this new bank doesn't have a record of our account. The new bank can produce a letter stating it, which I'm planning to send.

Now I'm thinking about the quality of my proofs and if I need to find something else instead of bank statements.

Do you think it would be enough?

If not, do you have any suggestions of the other evidence I can send?

We didn't have any children together. We didn't buy any property together. We didn't have joint insurance. We didn't have any bills other than from a water delivery company (I will check if they have our invoices).

[Diazy 10]

Also if anyone was in the same situation and can share their own experience, let me know.

[BigDaddy28 228]

Hi all,

I had my interview 2 days ago and it didn't go well. I was applying under a 5-year rule since I got a divorce a couple of years ago. The officer wanted to see the evidence of viable marriage for the year after ROC. Since I didn't have any evidence with me (no guides nor their letters said to bring those) the officer said that it's fine and he asked me to mail him:

- letter explaining why we got separated (still painful to talk about it, but at least I can write it),

- tax returns for the years after ROC (easy),

- lease agreement (my copy doesn't have my own or my ex-husband's signature, it only has a signature of the landlord, so I hope it won't be a problem),

- bank statements. Here is the problem: after we closed an account our bank was bought by another bank, and this new bank doesn't have a record of our account. The new bank can produce a letter stating it, which I'm planning to send.

Now I'm thinking about the quality of my proofs and if I need to find something else instead of bank statements.

Do you think it would be enough?

If not, do you have any suggestions of the other evidence I can send?

We didn't have any children together. We didn't buy any property together. We didn't have joint insurance. We didn't have any bills other than from a water delivery company (I will check if they have our invoices).

I'm sorry for what you had to go through. I would advice you to get if possible: car insurance if in both names even expired, bills, pictures... if you have a good relationship with your ex right now, ask her to write a letter for you stating that your marriage was genuine and that you had a good relationship but things didn't work out. Have some friends write statements as well about your relationship at that time preferably from both sides.

Good luck.

[JimmyHou 610]

Other ideas include credit card bills that have both your names on them Phone or electric or cable bills (for example cable bill in your name and phone bill in your spouses name but both with your common address on them)... Receipts of any trips you took togethe (For example plane tickets for a joint holiday)...car insurance, as mentioned above.

I know the interview did not go as smoothly as you will you would have liked, but I also don't think that it was all that bad based on what you wrote. I think there's a good chance that the interviewer will take a quick glance at the evidence that you send in and will probably be satisfied with it unless there's more to the story that we don't know about. I think that the interviewer is just double checking that the marriage was legitimate But I don't know how much he will scrutinize the quality of the evidence that you send; after all this is not an ROC interview and my guess And it's just a guess Is that he will probably be satisfied with pretty basic evidence that you remained married and living together in the year after removing conditions.

So gather whatever evidence you can And don't worry too much. Good luck and let us know how things work out.

[Diazy 10]

I'm sorry for what you had to go through. I would advice you to get if possible: car insurance if in both names even expired, bills, pictures... if you have a good relationship with your ex right now, ask her to write a letter for you stating that your marriage was genuine and that you had a good relationship but things didn't work out. Have some friends write statements as well about your relationship at that time preferably from both sides.

Good luck.

Thank you for your advices.

We had money problems, so he sold his car sometime during ROC or even before that.

I will browse the pictures on Facebook to see if there are any. My computer broke and lost all of its data, so pictures and proofs which were saved there are gone.

Regarding bills we had only water delivery service. All other bills were included in our rent.

Statement from friends is a good idea. I will ask them.

[Diazy 10]

Other ideas include credit card bills that have both your names on them Phone or electric or cable bills (for example cable bill in your name and phone bill in your spouses name but both with your common address on them)... Receipts of any trips you took togethe (For example plane tickets for a joint holiday)...car insurance, as mentioned above.

I know the interview did not go as smoothly as you will you would have liked, but I also don't think that it was all that bad based on what you wrote. I think there's a good chance that the interviewer will take a quick glance at the evidence that you send in and will probably be satisfied with it unless there's more to the story that we don't know about. I think that the interviewer is just double checking that the marriage was legitimate But I don't know how much he will scrutinize the quality of the evidence that you send; after all this is not an ROC interview and my guess And it's just a guess Is that he will probably be satisfied with pretty basic evidence that you remained married and living together in the year after removing conditions.

So gather whatever evidence you can And don't worry too much. Good luck and let us know how things work out.

Thank you for your response. During and after interview I thought that it is just a basic bureaucratic step since the interviewer was nice to me and he was checking all the paperwork several times.

However after I started looking over what I have, I started freaking out since I don't have bank statements (not my fault) and there is an unfinished lease agreement (I wish we signed it, but for some reason we didn't - we probably just signed our landlord's copy).

[JimmyHou 610]

Thank you for your response. During and after interview I thought that it is just a basic bureaucratic step since the interviewer was nice to me and he was checking all the paperwork several times.

However after I started looking over what I have, I started freaking out since I don't have bank statements (not my fault) and there is an unfinished lease agreement (I wish we signed it, but for some reason we didn't - we probably just signed our landlord's copy).

Even if it is unsigned, it should have your names printed on it... I don't think that will be a problem at all.

[Diazy 10]

Even if it is unsigned, it should have your names printed on it... I don't think that will be a problem at all.

Thanks! Yes, it has both of our names printed.

[deidre 13]

Diazy, I'm sorry to hear about this stress im a little concerned now, as I too am in the same situation. I was officially divorced in 2014 but in NC you have to be separated a year prior, which for me, was back in Feb 2013 when myself and then-spouse separated. Since the time of the separation, I've got EVERYTHING separated - I moved to my own place, removed him from my car/life/health insurance, cancelled all Credit Cards where he was a joint card account, we have no kids, did not buy property, I am now living in a different state, and I have NOTHING connected to my ex since 2013.

So if the IO were to ask me for an evidence, I too have none!!! Of course I've got everything from ROC that I submitted, and anything else that I may have had has been trashed and my ex's personal belongings given to his children (from his first marriage).

I only thing I can think of for evidence would be to get an affidavit from a mutual friend, that, along with your statement, is all I can see that they would be needing, as you mentioned, it kinda feels like the IO is just crossing his T's and dotting his I's at this point....

[Diazy 10]

Diazy, I'm sorry to hear about this stress im a little concerned now, as I too am in the same situation. I was officially divorced in 2014 but in NC you have to be separated a year prior, which for me, was back in Feb 2013 when myself and then-spouse separated. Since the time of the separation, I've got EVERYTHING separated - I moved to my own place, removed him from my car/life/health insurance, cancelled all Credit Cards where he was a joint card account, we have no kids, did not buy property, I am now living in a different state, and I have NOTHING connected to my ex since 2013.

So if the IO were to ask me for an evidence, I too have none!!! Of course I've got everything from ROC that I submitted, and anything else that I may have had has been trashed and my ex's personal belongings given to his children (from his first marriage).

I only thing I can think of for evidence would be to get an affidavit from a mutual friend, that, along with your statement, is all I can see that they would be needing, as you mentioned, it kinda feels like the IO is just crossing his T's and dotting his I's at this point....

Oh, I hope your officer will not be so picky as mine. I also heard from a friend (who had N400 interview under a 3-year rule at the same office) that her interview didn't go well since her husband was not able to attend her interview.

My ROC was approved in October 2011, we separated around September - October 2012 and the divorce was finalized in May 2013. So the last time I saw him is when we were filing our divorce paperwork in the fall 2012.

The officer asked specifically for

- all tax returns after the ROC: 2011, 2012, 2013 (he said he also wants to see my own tax return);

- last bank statement before we closed the account;

- lease agreement (we moved during ROC) and a new lease agreement (after we separated and his name was removed from the lease).

He didn't ask why we got separated, but he later asked to write a letter about it.

I think if you can get at least tax returns, bank statements (you can ask the bank to print it for a closed account), you should be fine. You can also call your car/life/health insurance and get some statements from them.

[deidre 13]

Oh, I hope your officer will not be so picky as mine. I also heard from a friend (who had N400 interview under a 3-year rule at the same office) that her interview didn't go well since her husband was not able to attend her interview.

My ROC was approved in October 2011, we separated around September - October 2012 and the divorce was finalized in May 2013. So the last time I saw him is when we were filing our divorce paperwork in the fall 2012.

The officer asked specifically for

- all tax returns after the ROC: 2011, 2012, 2013 (he said he also wants to see my own tax return);

- last bank statement before we closed the account;

- lease agreement (we moved during ROC) and a new lease agreement (after we separated and his name was removed from the lease).

He didn't ask why we got separated, but he later asked to write a letter about it.

I think if you can get at least tax returns, bank statements (you can ask the bank to print it for a closed account), you should be fine. You can also call your car/life/health insurance and get some statements from them.

Hmmmm I can do the tax returns, bank statements I will try (if need too!), I have lease agreements when we were together and my own afterwards so we are good there...

In my case, after we separated my ex disappeared!! To the point where even his kids didn't know where he was. I went thru with the divorce 'by publication' as me, nor my lawyer nor the private investigator could get his location!! even now, I don't know where he is (nor do I even care). But I did keep my communications in email between myself and the lawyer where we were discussing the fact that he could not be located....

Thanks for your list Diazy! I know what to look out for. But hopefully the IO doesn't even go down that road And everything goes smoothly for me. Let's us know what you do and update us on the outcome

[silvermug 16]

I am in the same situation too, but I have to ask.

Few months after I got my ROC, I relocated to a different state and then filed for divorce from there. Are they looking for evidences of bona fide marriage AFTER ROC even when the relationship was already sour and I moved to a different state?

Because... when I moved to a different state, I wanted to leave that life behind so I did not keep any docs.

[edt370a 3]

I thought the whole point of waiting five years is to avoid having to talk about one's private marital affairs at the interview. Is it even legal to be asked to provide this kind of information at this time given that (a) ROC was successfully accomplished, and (b) you are applying under the 5-year rule? Maybe you can appeal?

[almost_umrican 53]

Hi all,

I had my interview 2 days ago and it didn't go well. I was applying under a 5-year rule since I got a divorce a couple of years ago. The officer wanted to see the evidence of viable marriage for the year after ROC. Since I didn't have any evidence with me (no guides nor their letters said to bring those) the officer said that it's fine and he asked me to mail him:

- letter explaining why we got separated (still painful to talk about it, but at least I can write it),

- tax returns for the years after ROC (easy),

- lease agreement (my copy doesn't have my own or my ex-husband's signature, it only has a signature of the landlord, so I hope it won't be a problem),

- bank statements. Here is the problem: after we closed an account our bank was bought by another bank, and this new bank doesn't have a record of our account. The new bank can produce a letter stating it, which I'm planning to send.

Now I'm thinking about the quality of my proofs and if I need to find something else instead of bank statements.

Do you think it would be enough?

If not, do you have any suggestions of the other evidence I can send?

We didn't have any children together. We didn't buy any property together. We didn't have joint insurance. We didn't have any bills other than from a water delivery company (I will check if they have our invoices).

Hey,How about getting some affidavits from your guy's common friends or your ex in laws or relatives (if possible). stating everything was in good faith and its just did not work out.

Edited September 21, 2015 by almost_umrican

[silvermug 16]

Hi all,

I had my interview 2 days ago and it didn't go well. I was applying under a 5-year rule since I got a divorce a couple of years ago. The officer wanted to see the evidence of viable marriage for the year after ROC. Since I didn't have any evidence with me (no guides nor their letters said to bring those) the officer said that it's fine and he asked me to mail him:

- letter explaining why we got separated (still painful to talk about it, but at least I can write it),

- tax returns for the years after ROC (easy),

- lease agreement (my copy doesn't have my own or my ex-husband's signature, it only has a signature of the landlord, so I hope it won't be a problem),

- bank statements. Here is the problem: after we closed an account our bank was bought by another bank, and this new bank doesn't have a record of our account. The new bank can produce a letter stating it, which I'm planning to send.

Now I'm thinking about the quality of my proofs and if I need to find something else instead of bank statements.

Do you think it would be enough?

If not, do you have any suggestions of the other evidence I can send?

We didn't have any children together. We didn't buy any property together. We didn't have joint insurance. We didn't have any bills other than from a water delivery company (I will check if they have our invoices).

If I am reading the time line in your message, you got divorced right after ROC; does the statement in red mean that they are looking for evidence of bona fide marriage when you were already in the process of divorce?

I hope you are still visiting this forum; I notice you got your citizenship in the end.