Jump to content
Actull

Planning to apply N-400;

10 posts in this topic

Recommended Posts

Been in US for 6 years now. I have 10 year green card and I already reached 5 year lawful residency in US last  year December 31. I came in under K1 visa under my ex husband. I’m currently working on my divorce as our marriage did not work out. The divorce is a mutual decision of both party for certain degree of reasons. Am I going to encounter problem if I will file N-400? I’m waiting for my divorce to get approved that way I can present it as well as changing my last name. Thank you in advance. 

Share this post


Link to post
Share on other sites

If you are applying under the 5-year residency rule, your marital status cannot be used against you (in other words, you cannot be denied the N400 because you are divorced/separated.)  If you were applying under the 3-year marriage rule, then you may have faced some issues.

 

That being said, the officer adjudicating your N400 will look back through your immigration file to determine that your initial GC/ROC was properly approved before approving your N400.  This is part of their overall investigation process whether applying under the 3 or 5 year eligibility rule.

 

You don't need to wait for your divorce to be finalized to apply for the N400 under the 5-year rule.

 

Just to note, since your timeline doesn't seem to quite add up at first glance since you entered with a K1 visa (although I suppose it is possible depending how fast your AOS was processed).....the 5 years residency is taken from the issue date of your green card, not the date you entered the country under the K1.


Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

Share this post


Link to post
Share on other sites
3 hours ago, Going through said:

If you are applying under the 5-year residency rule, your marital status cannot be used against you (in other words, you cannot be denied the N400 because you are divorced/separated.)  If you were applying under the 3-year marriage rule, then you may have faced some issues.

 

That being said, the officer adjudicating your N400 will look back through your immigration file to determine that your initial GC/ROC was properly approved before approving your N400.  This is part of their overall investigation process whether applying under the 3 or 5 year eligibility rule.

 

You don't need to wait for your divorce to be finalized to apply for the N400 under the 5-year rule.

 

Just to note, since your timeline doesn't seem to quite add up at first glance since you entered with a K1 visa (although I suppose it is possible depending how fast your AOS was processed).....the 5 years residency is taken from the issue date of your green card, not the date you entered the country under the K1.

 

Share this post


Link to post
Share on other sites
On 3/21/2019 at 7:31 AM, Actull said:

I came to US yes as K1 March 0f 2013. My GC was issued December 31 of 2013. Last year December 31, 2018 is my 5th year here in US.

May I ask if this was your conditional 2yr GC or your 10yr permanent GC?  

Share this post


Link to post
Share on other sites

Go ahead and apply. You won't have any issue. During your interview they will ask you if you would like to change your last name; say yes. Also they will or may not ask you as to why you got a divorce. Mine did and I just explain that it was a mutual decision after 8 years and that's it. 

Share this post


Link to post
Share on other sites

**Moved from US Citizenship Case Filing and Progress Reports to USC General Discussion**


03639.png                  

 🇷🇺  CR-1 via DCF in Moscow* (2016-2017) 🇺🇸 Info about my DCF experience here and here.

Spoiler

26-Jul-2016: Married abroad (USC + Russian husband) 👩‍❤️‍👨
21-Dec-2016: I-130 filed at Moscow USCIS field office*
29-Dec-2016: I-130 approved! Yay! 🎊 

17-Jan-2017: Case number received

21-Mar-2017: Medical Exam completed

24-Mar-2017: Interview at Embassy - approved! 🎉

29-Mar-2017: CR-1 Visa received (via mail)

02-Apr-2017: USCIS Immigrant (GC) Fee paid

28-Jun-2017: Port of Entry @ PDX 🛩️

21-Jul-2017: No SSN after three weeks; applied in person at the SSA

22-Jul-2017: GC arrived in the mail 📬

31-Jul-2017: SSN arrived via mail, hurrah!

 

*NOTE: The USCIS Field Office in Moscow is now CLOSED.

 

I-90 GC Replacment (for Erroneous GC)

22-Jul-2017: GC arrives in the mail – error in middle name 😕

01-Aug-2017: Sent in I-90 online via website

05-Aug-2017: Biometrics scheduled

23-Aug-2017: Biometrics done @ USCIS office; told to keep GC!

16-Jul-2018: RFE for original card!! 🤬

31-Jul-2018: USCIS Appointment at local field office..

22-Aug-2018: Mailed GC back to USCIS in response to RFE

29-Aug-2018: GC received by USCIS

17-Sep-2018: Received CORRECTED GC in the mail! Finally!! 😂

 

📑 I-751 Removal of Conditions - NBC (Apr-2019-???) 📝 MSC I-751 filers: Track your case here!

Spoiler

28-Jun-2019: Conditional GC expires

30-Mar-2019: Eligible to apply for ROC

01-Apr-2019: ROC in the mail to Phoenix AZ lockbox! 📫

03-Apr-2019: ROC packet delivered to lockbox

09-Apr-2019: USCIS cashed check

09-Apr-2019: Case number received via text - MSC 📲

12-Apr-2019: Extension letter arrives via mail

19-Apr-2019: Biometrics letter arrives via mail

30-Apr-2019: Biometrics appointment at local office  

??-???-2019: TBA...

30-Mar-2020: N-400 early filing window opens! 🇺🇸

 

 

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×