Possible Divorce and Name Change during Naturalization Process

[Coleman21 6]

Hi everyone,

 

I have a couple questions. I've applied for naturalization and I'm going to have an interview soon. Everything seems to be going well so far, but my marriage is not. I've been married for 12 years and I've been living in the U.S. for almost 14 years, so I'm not worried about getting naturalized per se, but I was wondering, can I still request a name change? Even if we do decide to get a divorce, I'm not sure if it will be final and a divorce certificate will be ready before the interview or the oath (does oath come at a different time after the interview?), but I remember hearing that name change is very flexible at naturalization, so I'm curious..

 

And even though I applied for naturalization under the category of 5 years or more residency in the U.S., the letter about the interview lists only two options regarding what to bring after the general list of things to bring:

 

"If applying for NATURALIZATION AS THE SPOUSE of a United States Citizen; your marriage certificate, proof of death or divorce for each prior marriage of yourself or spouse, your spouse's birth or naturalization certificate of citizenship"

 

"If applying for NATURALIZATION as a member of the United States Armed Forces; your discharge certificate, or form DD214"

 

I'm definitely not applying as a member of the U.S. Armed Forces. Should I bring my marriage certificate regardless of my situation at the time of the interview? Should I also bring tax returns from the past 5 years? Also, I thought that I needed to bring proof of 5 years of residency in the U.S., but now I don't see the requirement anywhere. Do I need copies of apartment leases from the past 5 years? 

 

Thank you in advance!

 

 

[OldUser 5,136]

As you are applying under 5 year rule divorce shouldn't be an issue generally.

 

You should bring all marriage certificates and divorce decrees, as well as tax return trsanscripts for the past 5 year to the interview.

[Coleman21 6]

Thank you for your reply, Olduser! What about the name change? If I'm still legally married at the time of the interview or at the oath, can I still go ahead and change my name back to my maiden name with USCIS? 

[Coleman21 6]

21 hours ago, OldUser said:

As you are applying under 5 year rule divorce shouldn't be an issue generally.

 

You should bring all marriage certificates and divorce decrees, as well as tax return trsanscripts for the past 5 year to the interview.

Also, what type of transcripts should I get? I just went to IRS transcript website, and for immigration purpose, the page recommended I get tax return transcript instead of other types, but then it only has tax years 2020, 2021, and 2022 available. That's only three.. but tax account transcripts seem to have more than 3. Is this alright for naturalization?

[OldUser 5,136]

2 hours ago, Coleman21 said:

Thank you for your reply, Olduser! What about the name change? If I'm still legally married at the time of the interview or at the oath, can I still go ahead and change my name back to my maiden name with USCIS? 

Yes you can. Naturalization is an opportunity for a name change regardless of marital status. Be advised, this may introduce a bit of a delay because it requires a special judical oath ceremony.

Edited April 11 by OldUser

[OldUser 5,136]

1 hour ago, Coleman21 said:

Also, what type of transcripts should I get? I just went to IRS transcript website, and for immigration purpose, the page recommended I get tax return transcript instead of other types, but then it only has tax years 2020, 2021, and 2022 available. That's only three.. but tax account transcripts seem to have more than 3. Is this alright for naturalization?

Tax return transcripts is what immigration officer wants to see. Do you have 1040s or other forms you filed for other years?

[Coleman21 6]

Oh, ok. How long? I'm trying to also move out of the country in August or September, so I wonder if I should wait on changing my name then.. Also, my account has been saying estimated time is 7 months, but it said that in the beginning of January.. should I still expect the process to finish by the end of July? The interview is in May.. 

I filed for tax each year but just don't see tax return transcripts available directly from IRS. Is it ok to just print copy from Tax Slayer, etc? I thought I had to get something official for the past 5 years (and it is not the first 5 years of my residency, is it?).

 

[OldUser 5,136]

5 hours ago, Coleman21 said:

Also, my account has been saying estimated time is 7 months, but it said that in the beginning of January..

If you roll a dice, that prediction may be more accurate than estimated time. Pay 0 attention to it. It's never accurate.

 

The interview is in May. In normal circumstances you can naturalize within few weeks of interview. With name change it can be additional month or so. It's hard to predict, but most likely you should naturalize by August / September unless there's something USCIS doesn't like about the case.

[Coleman21 6]

On 4/12/2024 at 12:45 AM, OldUser said:

If you roll a dice, that prediction may be more accurate than estimated time. Pay 0 attention to it. It's never accurate.

 

The interview is in May. In normal circumstances you can naturalize within few weeks of interview. With name change it can be additional month or so. It's hard to predict, but most likely you should naturalize by August / September unless there's something USCIS doesn't like about the case.

Thank you so much for your response! I will hope for the best. Just to clarify, it's ok to just print out PDF tax returns from software like TaxSlayer, etc? Do they serve as "tax return transcripts"?

[OldUser 5,136]

2 hours ago, Coleman21 said:

Thank you so much for your response! I will hope for the best. Just to clarify, it's ok to just print out PDF tax returns from software like TaxSlayer, etc? Do they serve as "tax return transcripts"?

You can, but those should be accompanied with W2 / 1099 etc.

Tax return transcripts don't need this additional documentation. Don't sweat it too much and good luck!

[Woodpecker07 48]

My interview was scheduled!

I filed on 02/18. Biometrics reused right away. My interview will be on 05/22 in Milwaukee, WI, a little after my Green Card 3rd anniversary. 

[Coleman21 6]

12 hours ago, OldUser said:

You can, but those should be accompanied with W2 / 1099 etc.

Tax return transcripts don't need this additional documentation. Don't sweat it too much and good luck!

I see. Thank you so much!

[Coleman21 6]

 

15 minutes ago, Woodpecker07 said:

My interview was scheduled!

I filed on 02/18. Biometrics reused right away. My interview will be on 05/22 in Milwaukee, WI, a little after my Green Card 3rd anniversary. 

Congrats! Is it for removing conditions from your current green card?

[Woodpecker07 48]

20 minutes ago, Coleman21 said:

 

Congrats! Is it for removing conditions from your current green card?

Citizenship, but they sent me a letter that my spouse should go too due to my pending removal of conditions. My ROC process hasn't moved for a year. 

[Woodpecker07 48]

OMG, I just noticed I commented on the wrong thread.  I don't know how this happened. I don't even follow this one. I can't delete it, if someone can, please do it.