Applying for N-400 (Married-Divorced)

[loveisnow 0]

Hi everyone! I'm considering applying for N-400 based on 5-year residency rule. I have a few questions for those who have had a similar experience to mine (married and divorced). 

 

Marriage date-Nov, 2011 (After dating for 5 years, we met in college)

Received two-year green card in 2012.

Applied for I-751 in August 2014 (joint) and had it approved and received my 10-year green card in May 2015 without an interview

Separated in August 2015

Divorced in January 2016

I'm eligible to apply for my citizenship but hesitant because I'm no longer with my ex-husband.

Would it be a problem that we separated shortly after I received my 10 year green card? 

Is the original 10-year green card approval reviewed at the time of the naturalization interview? Do I need to bring the evidence I submitted me with my I-751 again to my interview?

Do I need to bring evidence of marriage from the date of my I-751 was submitted until the date of my divorce?

What kind of questions should I expect during the interview? Will I be asked any questions about my previous marriage or asked to provide any proof? I have not kept anything since then. What if my application gets denied will my green card be revoked? I'm considering waiting a few more years before applying for citizenship to have more time to prove good moral character (pay taxes, stay out of trouble). etc. Or should I just go ahead and submit my n-400 and see what happens. I just don't want my green card to be revoked if I'm denied. I have no problems with the law and no criminal history, do not receive government assistance and work and pay taxes. 

 

Thank you! 

 

 

 

 

[jkstark 97]

If you are applying under the 5 year rule, your civil status is irrelevant. 

 

You are required to list any marriages (if I recall correctly) but the actual marital status does not have any bearing (technically) on a 5 year naturalization; I had my marriage certificate with me, and never actually pulled it out of my packet of information.  For that matter, I did not have to pull any of it out at the interview though I had things like tax returns and the like with me.  The only paperwork that I needed to show at any stage was whatever was asked for on the application and was sent it with it, and then my green card at the interview and obviously at the oath ceremony.

[marriedtomrg 141]

Since you are no longer married, you should wait to apply based on the 5 years residency rule.  like @jkstark said, they would require far less paperwork.  Plus you can file online when you are ready.

[jkstark 97]

2 minutes ago, marriedtomrg said:

Since you are no longer married, you should wait to apply based on the 5 years residency rule.  like @jkstark said, they would require far less paperwork.  Plus you can file online when you are ready.

However, OP mentioned that she received her first GC in 2012 - which would make her eligible for the 5 year rule now.  In other words - go for it, just make sure you do not use the 3 year rule but stick to the 5.  It is easier in any case...

[loveisnow 0]

On 3/5/2018 at 1:21 PM, loveisnow said:

Hi everyone! I'm considering applying for N-400 based on 5-year residency rule. I have a few questions for those who have had a similar experience to mine (married and divorced). 

 

Marriage date-Nov, 2011 (After dating for 5 years, we met in college)

Received two-year green card in 2012.

Applied for I-751 in August 2014 (joint) and had it approved and received my 10-year green card in May 2015 without an interview

Separated in August 2015

Divorced in January 2016

I'm eligible to apply for my citizenship but hesitant because I'm no longer with my ex-husband.

Would it be a problem that we separated shortly after I received my 10 year green card? 

Is the original 10-year green card approval reviewed at the time of the naturalization interview? Do I need to bring the evidence I submitted me with my I-751 again to my interview?

Do I need to bring evidence of marriage from the date of my I-751 was submitted until the date of my divorce?

What kind of questions should I expect during the interview? Will I be asked any questions about my previous marriage or asked to provide any proof? I have not kept anything since then. What if my application gets denied will my green card be revoked? I'm considering waiting a few more years before applying for citizenship to have more time to prove good moral character (pay taxes, stay out of trouble). etc. Or should I just go ahead and submit my n-400 and see what happens. I just don't want my green card to be revoked if I'm denied. I have no problems with the law and no criminal history, do not receive government assistance and work and pay taxes. 

 

Thank you! 

On 3/5/2018 at 2:01 PM, jkstark said:

If you are applying under the 5 year rule, your civil status is irrelevant. 

 

You are required to list any marriages (if I recall correctly) but the actual marital status does not have any bearing (technically) on a 5 year naturalization; I had my marriage certificate with me, and never actually pulled it out of my packet of information.  For that matter, I did not have to pull any of it out at the interview though I had things like tax returns and the like with me.  The only paperwork that I needed to show at any stage was whatever was asked for on the application and was sent it with it, and then my green card at the interview and obviously at the oath ceremony.

2

Yes and I have listed my only marriage. So you did take proof of previous marriage (tax returns, bills..etc) to your naturalization interview? Did you get asked any questions about your previous marriage like when did you seperate or why did you get divorced? 

 

 

3

 

[jkstark 97]

So to clarify - I have not been divorced...   

 

Once your conditions have been removed from your marriage based GC, and you receive your 10 yr. card, marriage is no longer an issue.  It only becomes relevant again if you attempt to naturalize under the shorter 3 year rule, in which case you would have had to have been married to the same spouse for the 3 year period (at least that is my understanding).  If you go with the 5 year rule, none of that matters, and none of it is asked.

 

I had a copy of my marriage certificate with me, along with tax returns, my son's birth certificate, and passports for both myself and my wife, but none of that was a question.  I was asked to provide only my passports and the green card to verify any possible travel that was not listed - none of the other paperwork was a question in any way.  I never mentioned that I had any of it, and I was never asked for any of it.

 

Basically - the short answer is that it does not matter what your marital status is once you have gone through the RoC on your initial GC...