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  • Naturalization after divorce

    My situation is:

    I was in a good faith marriage for 2.5 years with a US Citizen. We had applied for my GC and got an unconditional GC, as at the time the processing had been completed we had passed the two year mark. Our marriage failed - we had been trying to work it out but could not - and at the 2.5 year mark we filed for divorce that came through six months later. We lived in a no-fault state and had no property or child issues to sort out.

    I am now at the five year mark and want to apply for citizenship (my 2nd husband and child are both citizens and feel safer if I am one too). My questions are:

    What could I potentially face in the interview process re: first marriage? I have some documents (tax, marriage certificate, some videos) but not a lot as during the course of time I purged stuff get a sense of moving on in life. So no combined bills, no combined bank accounts.
    Can my naturalization be denied? What impact will this have on my green card? I do not want to apply through my husband as I rather keep these issues seperate - the first time around left me feeling rotten already.
    Would I have to provide proof of my second marriage as well? Since I am going into the process independently I don't think I would need to but the ways of the immigration services are mysterious.

    Any advice would be of great assistance.

  • #2
    My situation is:

    I was in a good faith marriage for 2.5 years with a US Citizen. We had applied for my GC and got an unconditional GC, as at the time the processing had been completed we had passed the two year mark. Our marriage failed - we had been trying to work it out but could not - and at the 2.5 year mark we filed for divorce that came through six months later. We lived in a no-fault state and had no property or child issues to sort out.

    I am now at the five year mark and want to apply for citizenship (my 2nd husband and child are both citizens and feel safer if I am one too). My questions are:

    What could I potentially face in the interview process re: first marriage? I have some documents (tax, marriage certificate, some videos) but not a lot as during the course of time I purged stuff get a sense of moving on in life. So no combined bills, no combined bank accounts.
    Can my naturalization be denied? What impact will this have on my green card? I do not want to apply through my husband as I rather keep these issues seperate - the first time around left me feeling rotten already.
    Would I have to provide proof of my second marriage as well? Since I am going into the process independently I don't think I would need to but the ways of the immigration services are mysterious.

    Any advice would be of great assistance.

    Comment


    • #3
      You do not have to have proof of valid marriage for Naturalization on your own. You have finished your 5 years of Residency after your unconditional greencard and that is enough.

      Though, you do have to provide the details about your former spouse and your current spouse. Wherever it is asked, just provide correct information. You are set to go ahead.
      Good luck.

      Chris

      Comment


      • #4
        Thanks for your reply Chris. It is somewhat reassuring to know I am set to move with the process.

        Does this mean I don't have to take anything but the divorce decree to the interview? I hear conflicting stories - some people seem to take stuff to reprove that the first marriage was in good faith (and it seems the immigration services expect it). Would I be strengthening my case if I did take materials in?

        Will immigration contact my ex-spouse? It would be okay legally for me, as I fully intend on being open and honest about the divorce - its just demoralizing, not to mention demeaning to have him re-enter my immigration process and have an upper-hand.

        And I have one last question - the last time I moved homes, I totally forgot to send a change of address notification to the local immigration office. This was just an oversight and I only thought of it when a friend with residency said she was sending hers in. Can this be held against me? I am a bit confused about sending the change of address form now (a year and some later) as I am way past their 10-day rule.

        Ah, the worries we have!

        Comment


        • #5
          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by new:
          Thanks for your reply Chris. It is somewhat reassuring to know I am set to move with the process.

          Does this mean I don't have to take anything but the divorce decree to the interview? I hear conflicting stories - some people seem to take stuff to reprove that the first marriage was in good faith (and it seems the immigration services expect it). Would I be strengthening my case if I did take materials in?

          Will immigration contact my ex-spouse? It would be okay legally for me, as I fully intend on being open and honest about the divorce - its just demoralizing, not to mention demeaning to have him re-enter my immigration process and have an upper-hand.

          And I have one last question - the last time I moved homes, I totally forgot to send a change of address notification to the local immigration office. This was just an oversight and I only thought of it when a friend with residency said she was sending hers in. Can this be held against me? I am a bit confused about sending the change of address form now (a year and some later) as I am way past their 10-day rule.

          Ah, the worries we have! </div></BLOCKQUOTE>

          Presumably, some time ago you proved to the USCIS that the marriage through which you were conferred immigration benefit was bona fide. There would be no reason to have to perform that function again.

          For naturalisation purposes, you need to demonstrate that you have been resident for the requisite period of time, and maintained presence for the requisite time period and are a person of good moral character. Read the instructions on form N400 for more details on the requirements, and on the USCIS web site (http:www.uscis.gov) there is a Guide to Naturalisation that will indicate the materials you should provide with the application and any evidence that you should take with you to the interview. Tax returns come to mind.

          File the AR-11, regardless of how untimely it is! You will not be assured of receiving any communication from USCIS on any pending benefits, if you do not make sure your current address is on file. Read the form AR-11 itself, to see which offices you will need to inform, and in which manner!
          The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

          Comment

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