Filing under the five year rule

[arken 4,201]

OP may be asked about the marriage based on which the GC was obtained. However there is no way an IO would ask for the original Birth Certificate of the USC spouse who is no longer in OP's life. Handy to bring copies of such though that too only if available.

Edited September 28, 2022 by arken

[Alision_J36 2]

7 hours ago, pazzee said:

I just had my interview last week and passed. I filed under the 5 year rule but divorced my wife in March 2021. I uploaded my divorce decree with my online N400 application. The officer didn’t ask to see my ex’s birth certificate. She asked why we got divorced (a simple, she no longer wants to have kids and I still do, sufficed). And the officer never brought up my ex again. 

 

You’re filing under the basis of being an LPR for 5 years, not as a spouse of a US citizen, like mentioned by other posters above.

 

In the end, the officer didn’t ask for anything additional besides seeing my GC and my passport. 

 

Worst comes to worst you’ll get an RFE and you’ll have more time to obtain it from your ex. But I highly doubt that will happen.

Thank you. Congratulations on your process of becoming a US citizen. I am filing under the five year rule; I am still married. I filed for divorce just two weeks before the pandemic started, and during the pandemic, the case was dismissed, I served my spouse but the letter was returned to me, He went MIA and not even his family he communicated with. He recently appeared but I do not want to have anything to do with him other than for him to sign the divorce papers but I still wanted to go ahead and apply for naturalization since i am eligible without him,

[Alision_J36 2]

1 hour ago, arken said:

OP may be asked about the marriage based on which the GC was obtained. However there is no way an IO would ask for the original Birth Certificate of the USC spouse who is no longer in OP's life. Handy to bring copies of such though that too only if available.

Thank you! I found a copy of his birth certificate. I have evidence to prove we are no longer together and why. I hope this will be suffice. 

13 hours ago, Crazy Cat said:

You do not need his birth certificate.  You are applying under the 5 year rule, not as the spouse of a US citizen.

Thank you

[Mike E 11,765]

7 hours ago, pazzee said:

I missed that, lol. But still, OP is applying on the basis of being an LPR for 5 years. Not as a spouse of a USC. 

Has nothing to do with whether the filing is based on 5 years or 3 years.  People are totally missing the point. 
 

i. Am. Out.  

[little immigrant 801]

14 hours ago, Mike E said:

The N-400 is an opportunity for USCIS to re-verify the basis for your LPR status. That starts with whether your petitioner was eligible to petition you. Thus it  is possible to will get an RFE if you cannot produce his original birth certificate.  
 

You want to avoid avoidable RFEs in an N-400 case.  See 

The reason is that if you have an interview and the IO is disposed to approve  you and possibly schedule your oath, possible even the day of the interview, then an RFE provides an opportunity for an IO to dig into your file and unearth an skeleton.  
 

Your spouse should be motivated to provide you an original birth certificate because this way the I-864 (and the hassle I-865) ends if you become a U.S. Citizen. 
 

It is also possible your IO won’t even bring up the birth certificate.  Probable even.  
 

Try to get an original birth certificate 

I'm sorry, but this situation you posted about the N400 denial is completely irrelevant. 

 

OP, I'm glad you found the birth certificate of your spouse. Bring it just in case. Good luck 

Edited September 28, 2022 by little immigrant

[Mike E 11,765]

10 minutes ago, little immigrant said:

I'm sorry, but this situation you posted about the N400 denial is completely irrelevant. 

Whoosh.