N-400 questions, 10 years (and a divorce) later......

[elizabeth&hisham 0]

Hey all

It has been a long, long time since we posted a question here.

As my signature shows, H and I were active members here at VJ over a decade ago when we met, applied for a K-1, and married.

Getting his Permanent Resident Card took FOREVER (okay, only 4 years...) but eventually the 10-year card was issued.

Now we're back with some questions about his Naturalization application.

1) DIVORCE

We divorced in 2012, but remained friends. We've got a copy of the divorce decree (it was simple, only 5 pages). QUESTION: since he was a Permanent Resident since 2009, do we need to include the original marriage paperwork? Or do they only need the proof of divorce? Since he's been a Permanent Resident since 2009 we're hoping, since that's 5+ years ago, that he can apply for naturalization with just the notarized divorce decree.

2) ARRESTED / CITED / DETAINED (question #23)

In June 2011, H got his first traffic ticket. It was for running a red light ("disregard traffic signal") with no accident; he just got pulled over and ticketed. Unfortunately, since it was his first time ticketed, he missed the due date for paying the fine and ended up getting his license suspended for "failure to appear" at court for the unpaid ticket. After paying the fine, his license was reinstated and everything was fine... except now, when we're confused as to whether that mark on his record would could as being "cited"...

We printed out a BMV report showing that his license is currently valid/not suspended. It shows the dates, the reason for the suspension, and the court case number. QUESTION: we plan to include the BMV print-out and a cover sheet with an explanation. Does anyone know if this situation requires "an original official statement by the arresting agency or applicant court confirming that no charges were filed" (N-400 Document Checklist, page 2)...?

We're unclear on whether the BMV print-out and explanation are enough, or whether we need an additional "original official statement". Any comments on this question would be appreciated!

3) AFFIDAVIT

As the ex, I plan to include a notarized Affidavit confirming that our marriage was entered into in good faith, and that I still wholeheartedly support his application for naturalization. That seemed like a smart thing to do... QUESTION: Has anyone done that before? Is it a good idea? Would it also help to get notarized statements from his current boss, other friends, etc? He's still basically like a member of the family, so my father wondered if a letter from another family member would help establish his good character, etc.

Thoughts.......?

Thanks for reading. It's been a long time since I posted here, so I truly appreciate it.

E

[Dave&Roza 748]

Hey all

It has been a long, long time since we posted a question here.

As my signature shows, H and I were active members here at VJ over a decade ago when we met, applied for a K-1, and married.

Getting his Permanent Resident Card took FOREVER (okay, only 4 years...) but eventually the 10-year card was issued.

Now we're back with some questions about his Naturalization application.

1) DIVORCE

We divorced in 2012, but remained friends. We've got a copy of the divorce decree (it was simple, only 5 pages). QUESTION: since he was a Permanent Resident since 2009, do we need to include the original marriage paperwork? Or do they only need the proof of divorce? Since he's been a Permanent Resident since 2009 we're hoping, since that's 5+ years ago, that he can apply for naturalization with just the notarized divorce decree.

2) ARRESTED / CITED / DETAINED (question #23)

In June 2011, H got his first traffic ticket. It was for running a red light ("disregard traffic signal") with no accident; he just got pulled over and ticketed. Unfortunately, since it was his first time ticketed, he missed the due date for paying the fine and ended up getting his license suspended for "failure to appear" at court for the unpaid ticket. After paying the fine, his license was reinstated and everything was fine... except now, when we're confused as to whether that mark on his record would could as being "cited"...

We printed out a BMV report showing that his license is currently valid/not suspended. It shows the dates, the reason for the suspension, and the court case number. QUESTION: we plan to include the BMV print-out and a cover sheet with an explanation. Does anyone know if this situation requires "an original official statement by the arresting agency or applicant court confirming that no charges were filed" (N-400 Document Checklist, page 2)...?

We're unclear on whether the BMV print-out and explanation are enough, or whether we need an additional "original official statement". Any comments on this question would be appreciated!

3) AFFIDAVIT

As the ex, I plan to include a notarized Affidavit confirming that our marriage was entered into in good faith, and that I still wholeheartedly support his application for naturalization. That seemed like a smart thing to do... QUESTION: Has anyone done that before? Is it a good idea? Would it also help to get notarized statements from his current boss, other friends, etc? He's still basically like a member of the family, so my father wondered if a letter from another family member would help establish his good character, etc.

Thoughts.......?

Thanks for reading. It's been a long time since I posted here, so I truly appreciate it.

E

His is filing under the 5 year rule, so all he has to do is show he has been a LPR for the part 5 years,not taken any trips outside the US longer than 6 months during that time period, has spend at least 30 months in the US, has resided in the same USCIS district for the past three months, and explain the whole issue with his driver's license (may not even really need to do that, but I would just to be honest and just to cover his back side should the USCIS do a DMV check that contains more information then the one you did) since it was a minor traffic citation under $500 I am assuming, I would not get any more information other than to explain his failure to appear. He does not need to mention the marriage nor the divorce as he is filing because he has been a LPR for more than 5 years.

Dave

[elizabeth&hisham 0]

Thanks for the reply! Definitely helps to have a second (and third, or fourth) person's take on these details before he mails the packet.

[Starkilla09 366]

Dave is right above. Since he's applying on the 5 year rule he doesn't have to send in all bona fide proof of marriage like he would've done under the 3 year rule. The only little itchy thing is his traffic violation which isn't still a big deal since it was just a minor traffic violation. Most people go around these in 2 ways either by checking "no" since its under $500 with no DUI/DWI and take proof of payment/ disposition from court on day of interview and explain it to interview officer, or check "yes" and attach a statement + proof of payment/disposition as well on application. Option 2 gives peace of mind though for worriers and is advisable. With that he should be good provided he's met physical residence requirements.

Edited October 12, 2015 by Starkilla09

[elizabeth&hisham 0]

That makes sense -- thanks, Starkilla09

PS, does anyone know if the Form G-1145 "Request for e-Notification" can be used with N-400 apps? (That's a new option since last time he filed paperwork...)

Edited October 12, 2015 by elizabeth&hisham

[Starkilla09 366]

That makes sense -- thanks, Starkilla09

PS, does anyone know if the Form G-1145 "Request for e-Notification" can be used with N-400 apps? (That's a new option since last time he filed paperwork...)

Yes it Absolutely can. You should use it.

[elizabeth&hisham 0]

Mailed everything yesterday with a G-1145 on the top...all instructions followed as carefully as possible. Will update our info here when (hopefully) there's good news... Thanks, all!

[TBoneTX 43,417]

Good luck.