***Divorce filling for 5 years rules/do i need to change name? [merged threads]

[Nicolle32 4]

Hello All,

I will be filing under the 5 years rule. I got divorce and change my family name before marriage, but i haven't had the chance to have everything change on my record yet like my drivers license still on my marriage name.

I will applying to a 5 years rule my green card is still my marriage name. Should i use that family name to fill up all my applications?

Should i change all my i.d's now to my family name before marriage?

what are the requirements for a 5 years rules for divorce?

Thank you all

[newacct 688]

You should use your current legal name, which, if you changed it back after divorce, is the name you changed it back to. You may have documents that still have a previous name (in this case the name you had when you were married), but they can be used combined with the court order changing your name back.

[JimmyHou 614]

Hello All,

I will be filing under the 5 years rule. I got divorce and change my family name before marriage, but i haven't had the chance to have everything change on my record yet like my drivers license still on my marriage name.

I will applying to a 5 years rule my green card is still my marriage name. Should i use that family name to fill up all my applications?

Should i change all my i.d's now to my family name before marriage?

what are the requirements for a 5 years rules for divorce?

Thank you all

A divorce decree, like a marriage certificate, is considered legal proof of name change.

So basically, it's up to you. If you want to use your married name, then your marriage certificate is proof of that name (even though you are divorced).

If you want to use your birth name, then your birth certificate AND your divorce decree are proof of that name (you need the divorce decree to explain why your legal name doesn't match the name on your green card).

Just be consistent when you decide which to use and change your other documents after naturalization.

Note that the N400 application has entries for Name on Green Card and for Current Legal Name, so USCIS understands that these may be different.

Edited April 27, 2016 by JimmyHou

[Nicolle32 4]

Thank you for the reply.

One more question can i apply still 90 days before? i travel once a year only for 2 weeks outside the country?

[JimmyHou 614]

Thank you for the reply.

One more question can i apply still 90 days before? i travel once a year only for 2 weeks outside the country?

You can apply 90 days early (or 89 or 88 or 60 or 30, but not not 91 or 92) before the Resident Since date on your green card if you meet all other conditions... sounds like your short trips abroad shouldn't affect your application as long as you've been living here for 5 years and physically present here for more than 30 months out of the last 5 years and living in your current state for 3 months.

[Nicolle32 4]

Hello All,

Thank your for your reply.

Do i need a 5 years income tax return to apply?

[Nicolle32 4]

Morning all,

Can someone help me if i still need to send my 5 years tax return if im applying to 5 years rule. I am divorce as well.

Can anybody have a checklist for filing 5 years rule for divorce?

Thank you All

[TBoneTX 47,681]

*** Similar-themed threads have been merged. ***

[Nicolle32 4]

Hello All,

Do i need to send 5 years taxes? Can someone tell me the requirements to apply under 5 years rule with divorce?

Thank you

[Pitaya 2,577]

Edited May 17, 2016 by Pitaya

[Nicolle32 4]

Hello All,

I need help. I trying to fill up the N400 based on 5 years rule and divorce.

I got divorce and change my family name for my birth name but all my documents now is still on married name coz when i went to change for social they won't allow me since my green card doesn't match so i'm keeping my ex husband family name still.

So for application part 2.

1. Your current legal name?

Should i provide my birth name or my ex husband family name that i'm using now?

Also can someone help me for a checklist to send base on divorce?

Thank you all

Nicolle

[EM_Vandaveer 2,438]

If your divorce decree states that you are using your birth name in the future, than that is your current legal name.

[aaron2020 11,652]

Did you get a name change when you got divorced? If not, then your legal name is still your married name. In some states, you can go back after the divorce is finalized to restore your maiden name.

[JimmyHou 614]

A marriage certificate can be used as proof of your new married name, even if the marriage certificate only lists your maiden name and your spouse's name.

Similarly, a divorce decree can be used as proof that you have switched back to your maiden name even if it does not list your maiden name.

If this is the case, you would use your birth certificate and your divorce decree as proof of your legal name.

For example, your name was Anne Murphy. You married George Harrison and became Anne Harrison.

If your divorce decree says that a divorce is granted for George Harrison and Anne Harrison, then you can use that as proof that you are now Anne Murphy once again, even if the divorce decree doesn't mention the name Murphy at all. A divorce decree can (if you want) serve as an indication that you are reverting to your birth name.

It doesn't matter what your other documents say.

So, you can list your maiden name as your current legal name and take your divorce decree and birth certificate to the interview as proof.

Or if you prefer, you can list your married name as your legal name and request a legal name change. Sometimes the interviewer won't allow this because the divorce decree already serves the same purpose.

The reason that either approach would work is specifically because the divorce decree in many states does not specifically state that a name change has been granted; name changes through marriage and divorce are both optional and automatic (in many states and in uscis's view).

Some interviewers act inconsistently when it comes to name changes, so the interviewer may insist on one path or the other. Your application can be modified accordingly at the interview. Just make sure you leave with the legal name you want.

Edited July 20, 2016 by JimmyHou

[JimmyHou 614]

Note that if you decide to go by your maiden name and don't get a legal name change through USCIS, then you'll need to use your birth certificate and divorce decree as proof of name change for all your oth r documents; banks, drivers license, etc.