jkstark

I believe that it is going to be a US based charge...  The only reason you would need to inform any bank is for possible fraud protection measures - but the geographical fraud protection schemes are far more prevalent with US cards than they are with foreign ones - ie in my experience fraud protection schemes for European cards do not rely on where the charge is as much as other factors, so they are rarely flagged as fraudulent even if the charge is distant in the same way a US card might be...

No - you are going in as a witness in this case (or the complainant) and not a defendant, so there is no issue there...  Should not be a question at all, and if there is anything that comes up, you can tell them what happened.  Then again, even traffic tickets below a certain threshold have no bearing on the case generally...

One recommendation...  Don't plan to stay 90 days on an ESTA since that is the max limit, and weird things can happen that may cause you to overstay by accident - ie. a flight cancellation, bad weather, whatever.  Instead, plan on a max of about 81-82 days so that you have a little bit of a buffer there...  An overstay, intentional or not, will get you barred from ESTA, and potentially an entry ban for some time...

1 hour ago, Deribas_Alma-Ata said:

I am an American now! Could not be happier! Long journey is finally over... 

Ceremony was scheduled at 9:00 AM, so me and my family arrived at 8:30AM. It took about 2 hours to check our Naturalization Certificates for errors and return green cards. For 39 people this seems a bit too long but ok.

All was checked and done and by 11:00AM Ceremony should have starting. But judge showed up around 11:20AM and then Ceremony started.

Judge took word first and told us his family story how a bit over 100 year ago his great grandfather at age of 12 on his own arrived on a ship to NYC and so on.

Then USCIS officer told us the process and that we will become Americans right after we take an Oath. And if can't see us taking Oath (lips should moving ) we can't become Americans

So they asked us to stand up for the Oath one-by-one and once all 39 have risen the judge started to read the Oath and we were repeating after him.

Then about 5 people from the Government took word to represent them selves and welcome us as new Americans. After that another guy started calling us by names to issues as the Naturalization Certificates and welcome letters from the President, Governor, Senator and Representative. That was nice.

Hereafter we stood up one last time and bell ringers ensemble played the National Anthem. Right after that the Ceremony was over.

In the hallway I registered for the vote  and my family and myself went to the nice American steakhouse to celebrate.

 

Great to hear!  It seems like all of you have gotten some "fancy" mementos; we got a very cool judge and plenty of photos...   No letters from anybody though, but it was all good, and at the end, the final result is still the same.

Congrats!

No passport for me yet; I was waiting on getting it till I had certified copies of my NC, since I'll have to send some of those out for apostilles and then on back to Finland.  I ended up figuring I'd see what happens if you send a "certified true copy" to the dept of state instead of the original - the local USPS did call me asking about that, but the web page for the passport office states that a certified copy is valid; as of now, my passport is "being processed".  Being in NY, I was able to get an Enhanced Driver License, which is proof of citizenship without having to surrender any of the documents, which was quite nice in and of itself.

Again - good luck and congrats - it has certainly been a while!

Update for Deribas_Alma-Ata

N-400: January 2017 Applicants

======================================

USCIS Dallas/Lewisville, Texas Lockbox
======================================

UserName........|GC-Date.|Sent.|Cashd|NOA..|Fprints.|In Line.|Int ltr.|Intrview|Oath....|Field Office
901_Rock........|--/--/--|01/26|01/30|02/01|02/22/17|02/24/17|--/--/--|--/--/--|--/--/--|Memphis, TN

MedicalAssistent|06/21/11|01/20|01/23|01/30|02/21/17|02/24/17|--/--/--|--/--/--|--/--/--|Memphis, TN

WinterPark2015..|08/17/15|12/27|01/03|01/13|02/07/17|04/14/17|--/--/--|--/--/--|--/--/--|Orlando,FL

BlackEros.......|04/07/12|01/05|01/11|01/09|02/07/17|03/07/17|09/01/17|10/03/17|10/20/17|Orlando,FL

Cybermax........|03/27/12|12/27|12/29|01/14|01/30/17|--/--/--|--/--/--|--/--/--|--/--/--|Annandale,VA

vik376..........|02/27/14|12/28|01/11|01/12|01/31/17|04/19/17|05/??/17|06/12|17|07/24/17|Washington,DC

digitalvx.......|03/26/14|12/29|01/05|01/11|01/31/17|02/27/17|05/22/17|06/26/17|07/19/17|NYC

ozcitizen.......|06/--/07|12/29|01/11|01/12|01/30/17|02/03/17|08/18/17|09/28/17|10/02/17|Philadelphia,PA

Luis & Carol....|10/17/13|12/31|01/18|01/03|02/08/17|--/--/--|07/03/17|08/03/17|09/01/17|Atlanta,GA

NJ_NJ...........|01/12/12|01/03|01/10|01/12|02/01/17|02/03/17|06/27/17|08/03/17|08/03/17|Newark, NJ

Joe&LuMa........|09/03/13|01/03|01/12|01/13|02/07/17|02/09/17|07/08/17|08/14/17|09/01/17|Tampa, FL

Olibecca1.......|01/06/09|01/04|01/13|01/13|01/27/17|02/16/17|03/10/17|04/13/17|05/31/17|Louisville,KY

l3thalbloo......|10/25/11|01/05|01/11|01/13|02/16/17|02/21/17|04/08/17|05/09/17|06/02/17|Raleigh, NC

Azhrid..........|04/21/11|01/06|01/11|01/12|01/30/17|02/07/17|--/--/--|--/--/--|--/--/--|Boston, MA

weakheart.......|03/29/12|01/09|01/17|01/14|02/06/17|02/28/17|06/19/17|07/25/17|08/23/17|Oklahoma City,OK

Blue101.........|--/--/--|01/09|01/11|01/11|01/26/17|02/14/17|05/08/17|06/05/17|--/--/--|Fairfax, VA

Americ@.........|04/--/14|01/10|01/17|01/17|01/27/17|03/03/17|03/06/17|04/17/17|06/23/17|Louisville, KY

Kundan..........|10/--/12|01/10|01/17|01/19|02/17/17|02/22/17|07/13/17|08/15/17|08/15/17|Newark, NJ

nana098.........|12/13/01|01/12|02/02|01/17|02/22/17|03/06/17|07/14/17|08/15/17|--/--/--|Newark, NJ

maxcool.........|04/12/12|01/14|01/18|01/17|02/07/17|03/13/17|05/06/17|06/06/17|07/26/17|Lawrence, MA

Pramod..........|15/08/11|01/16|01/23|01/20|02/13/17|02/23/17|04/30/17|05/26/17|07/04/17|Boston, MA

Pluto17.........|06/01/07|01/17|01/24|01/23|02/13/17|02/15/17|06/10/17|07/14/17|07/21/17|Baltimore,MD

LJVA............|01/--/13|01/17|01/25|01/30|02/14/17|03/06/17|05/15/17|06/19/17|07/24/17|Fairfax, VA

astronugget.....|01/15/14|01/18|02/24|03/05|03/13/17|03/15/17|06/16/17|07/18/17|--/--/--|New York, NY

Zhekaviolin.....|04/19/12|01/19|01/25|01/24|02/09/17|03/20/17|--/--/--|--/--/--|--/--/--|Houston, TX

jkstark.........|05/30/00|01/20|--/--|01/25|02/17/17|11/21/17|11/27/17|12/27/17|01/11/18|Buffalo, NY

Ivancarranza....|08/16/95|01/24|--/--|01/27|02/24/17|02/28/17|--/--/--|--/--/--|--/--/--|Dallas, TX

Sakura13........|04/24/14|01/24|01/30|01/30|02/21/17|03/24/17|07/20/17|08/29/17|09/27/17|Tampa, FL

BubbleMe........|03/03/14|01/26|01/31|02/01|02/10/17|03/06/17|08/25/17|09/28/17|--/--/--|Memphis, TN

flagg...........|05/11/06|01/27|--/--|02/24|03/14/17|03/16/17|05/01/17|06/01/17|06/23/17|Greer, SC

feroze895.......|04/03/12|01/24|01/30|02/04|02/21/17|03/13/17|05/22/17|06/20/17|07/24/17|Washington, DC

Deribas_Alma-Ata|03/26/12|01/10|01/17|01/17|02/06/17|12/21/17|01/03/18|01/31/18|03/09/18|Norfolk, VA

ILoveUSCIS......|04/24/12|01/27|01/31|02/01|02/22/17|03/24/17|07/20/17|08/29/17|09/11/17|Tampa, FL (Oath date changed to 9/29/17)

B_B_B...........|09/10/13|01/07|01/12|01/14|02/02/17|02/06/17|08/16/17|09/14/17|--/--/--|Boston, MA

topazfae........|06/07/07|01/26|01/26|02/03|02/23/17|02/27/17|05/23/17|06/20/17|07/24/17|Washington, DC (Oath date changed to 8/12 on request)

IndigoSkies.....|--/--/--|12/23|12/27|01/09|01/30/17|02/01/17|07/29/17|09/01/17|10/26/17|Memphis, TN

bonjour2017.....|06/26/81|01/30|02/01|02/04|02/22/17|06/30/17|07/03/17|08/09/17|08/31/17|Baltimore, MD

================================
USCIS Phoenix, Arizona Lockbox
================================

UserName......|GC-Date.|Sent.|Cashd|NOA..|Fprints.|In Line.|Int ltr.|Intrview|Oath....|Field Office
Andy2891......|04/01/14|12/30|01/12|01/19|02/08/17|03/01/17|06/06/17|07/06/17|07/18/17|Los Angeles,CA

Cocann........|04/11/13|01/03|01/10|01/10|01/24/17|02/09/17|08/15/17|09/19/17|09/19/17|Seattle, WA

Cryshiabelen..|02/07/11|01/03|01/11|01/11|01/31/17|02/06/17|07/05/17|08/15/17|10/06/17|Las Vegas,NV

Haggischomper.|05/10/08|01/05|01/12|01/12|02/06/17|02/16/17|05/31/17|06/28/17|08/07/17|Chicago,IL

Juanita&David.|10/19/12|01/06|01/17|01/17|02/08/17|--/--/--|03/22/17|04/27/17|06/08/17|Boise, ID

Umadam........|04/19/11|01/07|--/--|01/18|02/10/17|02/14/17|05/30/17|06/30/17|--/--/--|Michigan City,IN

daigo.........|04/01/14|01/07|01/12|01/09|02/08/17|03/01/17|05/27/17|06/28/17|07/20/17|Chicago,IL

Natasha&Luka..|03/22/14|01/10|--/--|01/18|02/10/17|02/22/17|07/10/17|08/07/17|--/--/--|Bismarck, ND

MyJourney.....|04/01/10|01/11|01/13|01/18|02/16/17|02/21/17|09/16/17|10/24/17|10/24/17|Denver,CO

ac8238........|09/01/07|01/12|01/18|01/20|02/16/17|02/23/17|06/05/17|07/11/17|08/22/17|Los Angeles,CA

jenafid.......|04/17/14|01/16|01/24|01/19|02/15/17|03/17/17|09/25/17|10/30/17|--/--/--|Denver,CO

purplepretzel.|04/15/14|01/17|01/25|01/26|02/15/17|03/15/17|07/18/18|08/16/17|09/07/17|San Francisco,CA

Bugs..........|04/15/14|01/17|01/24|01/23|02/15/17|03/15/17|05/24/17|06/27/17|07/19/17|San Diego, CA

Steve&Roi.....|04/16/14|01/17|01/25|01/29|02/22/17|03/16/17|--/--/--|06/20/17|--/--/--|Detroit, MI

edrossi.......|10/08/09|01/20|01/27|01/30|02/13/17|11/07/17|--/--/--|--/--/--|--/--/--|St Paul, MN

KleoLove......|03/--/13|01/23|02/02|02/04|02/24/17|02/28/17|--/--/--|09/15/17|10/18/17|Los Angeles,CA

tufeb.........|06/01/09|01/27|01/31|02/02|02/13/17|02/24/17|06/09/17|07/07/17|08/24/17|San Jose,CA

pknick........|03/21/09|01/28|01/31|02/06|02/24/17|02/28/17|07/19/17|08/23/17|09/26/17|San Francisco,CA

DisneyLovers..|02/11/09|01/31|02/09|02/09|03/03/17|03/07/17|08/21/17|09/22/17|10/18/17|Los Angeles,CA

stuckinmn.....|01/05/12|01/24|02/02|01/31|03/02/17|03/07/17|--/--/--|--/--/--|10/13/17|Columbus, OH

waitforit.....|04/12/12|01/14|01/17|01/27|02/14/17|03/13/17|06/10/17|07/10/17|08/02/17|Chicago,IL

SamF..........|04/18/14|01/18|01/20|01/22|02/15/17|03/20/17|--/--/--|--/--/--|--/--/--|Las Vegas,NV

jerr1.........|04/24/12|01/24|01/30|01/30|02/13/17|07/10/17|07/14/17|08/14/17|09/20/17|San Diego,CA

itsmeleila....|09/21/12|01/07|01/24|01/26|02/08/17|02/10/17|03/13/17|04/20/17|--/--/--|Kansas City, MO

James_And_JoAnne|01//12|01/13|01/20|01/??|02/17/17|02/22/17|05/30/17|06/27/17|08/24/17|San Jose,CA

Naplez1985....|04/30/12|01/30|02/06|02/10|03/02/17|03/31/17|11/13/17|12/18/17--|--/--/--|St.Paul, MN

jane78........|02/07/13|01/18|01/24|01/19|02/13/17|--/--/17|06/09/17|07/11/17|07/18/17|Los Angeles,CA

dfont.........|04/20/12|01/20|02/10|02/22|03/07/17|03/20/17|10/02/17|11/06/17|--/--/--|Denver,CO

===========================================================================
USCIS Lincoln, Nebraska Lockbox (Filing Under 319b, 328, or 329 of the INA)
===========================================================================
UserName......|GC-Date.|Sent.|Cashd|NOA..|Fprints.|In Line.|Int Ltr.|Intrview|Oath....|Field Office

Odin8.........|10/24/11|01/25|01/31|02/21|03/16/17|03/21/17|04/25/17|05/22/17|06/09/17|Raleigh, NC

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Legend:
GC-Date: The 'Resident Since' Date located on your first green card
Sent: Date N-400 was mailed to USCIS
Cashd: Date your check was cashed / credit card was charged by USCIS
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On 3/1/2018 at 2:50 PM, Deribas_Alma-Ata said:

Congrats Ruby_7! Glad for you man!  Mine is next Friday.

So - inquiring minds want to know...  How was your oath?

If it asks for it, she had better put it in...  Not entering that data correctly in there would be misrepresentation, which can lead to a denial at best, and a bar on entry (potentially permanent) at worst...

4 hours ago, adil-rafa said:

Several have missed the part that says visa type is F2b  for unmarried sons and daughters 

and you say your wife is confused

you are not eligle for F2b visa

so we do not have the full story

what visa type is this really?

If you are looking at the timeline, it states a "FB-2" visa, not F2B...  Ie. based on the reading of the OP, this wold be a FB-2a visa, ie. for Spouse and Children of LPR - at least that is my thinking...

All EU banks are requiring information about you if you are a resident / citizen of the US so that they can report on your accounts in the EU...  I can't recall exactly what the agreement name was, but it is a definite reality.  It does not require you to have any income, even a dormant account will trigger the reporting requirement...

26 minutes ago, Gary_UK said:

Funny Story I was called to attend jury duty while I was still a legal permanent resident.! here in North Indiana !

I did call their office and brought this to their attention to which they quickly apologised and said that they would take me off the register.

 

I became a citizen last July and as others have said. I chose to become one  partially because of the current political climate. but also to help ensure that I can do ( if need be ) my civic duty. I have made the US my home and I am not planning on moving back to the UK any time soon. BUT !, that being said. it keeps doors of opportunity open. I am kicking myself that I did not become a citizen sooner. I can now vote and apply for Federal jobs if something comes up. 

 

But most of all its cool as heck to run around with two Passports

I can't count the number of times I received a jury summons while a LPR...  Kept sending it back with the same comment, to the point where I think on the last time around I just sent the form back without any other documentation telling them to go look in their files to find the copy of my GC... 

Both my son and I are now dual citizens, and I can once again brag to him that I can visit one more country in the world without a visa than he can, though we both have the same passport...  For me, it is the country where I was born, which makes a special exception to people born there - not that I expect to visit there anytime soon...

I would agree with that - sounds like an attempt at humor that did not go over all too well.  With keeping the passport and getting rid of the paper, I would think that would be a good sign.

"well buddy I have nothing to say, I am not a Judge, good luck with your passport when u want to get it back" - change the punctuation to:

"Well buddy, I have nothing to say, I am not a Judge, good luck.   With (regard to) your passport, when u want to get it back?" and the meaning changes dramatically...  Could that be more like it?

Regarding taxes:  If you are a LPR, and you have income outside of the country, you *still* have to file and pay taxes in the US, just as if you were a citizen.  Taxation does not change between being a LPR and a citizen, so that is neither a pro nor a con.

I waited a long time myself before taking the plunge - there were always some things about how the country was run that I wasn't all that happy about and didn't necessarily want to be represented in quite that way.  However, as a LPR, you have no control whatsoever over those, and with Trump, I was even more reluctant about the idea of that representation.  However, the other side of the coin was that I did not have any say, and simply by living here, I was being represented by those that I had no control over, so...  At least this way I have some "say" in the matter, even if that is insignificantly small.  Traveling and the security of being able to come home regardless is always a positive. 

With jury duty, I'm not personally worried about income, since my employer is good about things like that.  Jury pay is always there (though miniscule), but I am concerned that I am the only one in the company who deals with the field that I handle, and it is typically crucial.  As long as I would not be sitting on an actual case, it is not much of a problem, but if it is a long case, there could be issues at getting things done at work.  (I can work remotely if needed, and can catch up during the nights, but...)

Jury duty is a minor inconvenience for most...  Generally speaking (and I suspect this is different in each state) you can be called in only once every 4 years at most - or if you are called more often, you can generally be excused from a jury if you have served within that timeframe. 

(I see California is a bit different - from http://www.courts.ca.gov/juryservice.htm: 

Length of Service
California has one-day or one-trial jury service (68 KB). This means that people are not required to come to court for more than one day of jury duty unless they are assigned to a courtroom for jury selection, or serve on a trial, more than once every 12 months. Typically if you are not chosen for jury selection after one day at the courthouse then your service is done for at least one year. If you are selected to serve on a jury, after the trial is over your service is also completed for at least a year and often longer. In fact, the majority of people who report for jury service serve for just one day. The vast majority of people who actually serve on a jury find it a fascinating and rewarding experience that they would do again. )

Even if you are called, it is not uncommon to only have to really do one day...

The pros of not having to deal with USCIS (and pay them regularly) is a huge one, being able to vote is another.  The biggest, especially in the current climate, is not having to worry about getting back in.  There is also the issue of inheritances and estates to think about for your children; dealing with a foreign parent and their estate is a major hassle comparatively,..

Apparently California is specific about where to pull over...  NY permits you to go to either side as long as the roadway is one-way and at least 3 lanes wide, though from a practical point of view - make room for them... 

You have to declare them, but as long as there was just a fine, and as long as it was under $600, they don't really care.  Get a record of the incidents, along with the final disposition of the case, and you should be fine...

I had a ticket and was asked about it at the interview - and then it was promptly forgotten about...

I had a paper application, and did not need pictures - but I have heard of cases where they have been asked for, and the process put on hold till they were provided.  Usually, the IO will point you toward a place that does them if they need pictures, and allow you to go get some and return them to the office that day...

However, as mentioned, they are cheap insurance that you'll be able to use for your passport application if you don't need them.

As to other paperwork - as  a 5 year filer, I was asked for my passport, green card and appointment letter - that's it.  I had tax returns, marriage certificates, birth certificates for my son and a bunch of other stuff as well, but never was asked for any of it...

COS... Gotcha.

Another resource that would be helpful to your friend would be the international programs office at the school where she will be attending.  They will have people there who are extremely well versed with the law in regard to entry and travel in the US for foreign students, and I have found in the past that they are generally speaking extremely helpful in trying to figure things out and can give good advice.

I suspect that most of them will state that it is not recommended...

Note also that the change of status will probably result in a fee of approx $370 to be payable to USCIS, if it is even possible.  Leaving the country (technically, north America) and then returning might be just as cost effective...

1 minute ago, Hopeworld said:

I believe that's what they told her. She didn't apply for ESTA she applied for a real tourist visa and it seems  it's only 3 months per year.

 

Upon her first entry, she will use the tourist visa BUT at that time she will have an approved STudent F1 visa.
She was thinking of coming beginning of april, after 2 months it will be LESS than 30 days before school starts.

 

If we goes to mexico and tries to come back in after 30 minutes using her Student visa (showing all proof documents), I'm not sure why would it be an issue?
If she has an approved Student visa and is going to be in the country for at least a year and study I don't see why TSA would have any right to refuse re-entry :/

 

 

Interestingly, though AoS from a B to F visa is potentially possible (though "irregular"), a similar change of status from ESTA to F status is *not* possible.

Going to Mexico for a short visit won't count as having left unless she is a Mexican resident (similarly for Canada).  Any return after that will be viewed as a continuation of the first visit, even if there is a separate visa.  That is the way the rules are written, though they may not make a lot of sense in this particular scenario.

Also - the TSA has nothing to do with it...  The questions is with the US CBP, and whether they will allow the entry or not, and whether they (and further the USCIS) will consider the status to have changed.  The risks of having an overstay are very real if she continues to stay on the F visa, believing that there was a valid status change; it may not be viewed that way by the authorities...

The only other thought here would be for her to contact the US Embassy in Stockholm and see what their advice would be as well.  There *are* cases where B visas can go through and AOS to F visas, but there are lots of rules around that, and many potential pitfalls.

As mentioned, the best option might be to show up on the first possible day (ie. 30 days prior to start of school) and then use that time to visit friends prior to going to school.  That way her status remains without question - there will be other opportunities later on to visit and travel as well...

Might be worth considering an onward journey to visit somewhere in south America for a few weeks, though I don't know exactly how that would be looked at either upon return.

Then again, flights to Scandinavia are not that bad as long as you are willing to travel light with Norwegian.  If she was able to store some belongings here that she was going to need as a student, it might make for a easy, quick trip back home before starting school.

Not knowing where specifically she is visiting, or where she will be going to school, don't know if that is going to be a realistic option - but I'm sure that there are always some places you can get a cheap ticket to in the meantime.  However, it would be advised to have that ticket *in-hand* before entering the US the first time around as a tourist, or she is likely to face difficulties as well.  I have no idea how long she would have to be out of the country prior to returning on the F1 to not cause any extra questions though...

I'm first curious why she has a tourist visa, when ESTA would have been sufficient...

In any case, I don't believe that you can adjust status that way - though others will certainly be better suited to answer the question more definitively.  I do believe that she will have to leave the country prior to returning on the F-1, and I don't know how long a stay out of the country would be advisable as a minimum.  She is not eligible to enter on the F1 until a max of 30 days prior to start of school, so any entry before that would be considered either under ESTA or any tourist visa, and that would start the count.  Any stay within the country that is contrary to the purpose of a tourist visa would be a violation, which includes staying on as a student with the tourist visa (which is what she would have entered on).

You would, as far as I know, have to be cleared to enter the country on the F1 to study - which they can't do until the 30 day rule kicks in. 

Somehow, she will have to be cleared at a border with the F1...

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...

You are flying domestic, right?  If so, any valid ID that shows the same name will be acceptable - so in this case, use your passport as the ID for the airline/TSA.  You'll need to have your passport with you in any case if it has your extension in it, and obviously your driver's license is a good thing to have.  There is not specific ID that is required - just that it be recognized as a valid form of ID.  Keep in mind that certain driver's licenses issued by the states may not be/will not be shortly  valid for ID to fly either, unless they are RealID compliant, or the state has an extension to comply...

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...

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.