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  • Naturalization after divorce

    Hi everyone! I'm considering applying for N-400 based on 5-year residency rule. I have a few questions for those who have had a similar experience to mine (married and divorced).


    Marriage date-Nov, 2011 (After dating for 5 years, we met in college)

    Received two-year green card in 2012.

    Applied for I-751 in August 2014 (joint) and had it approved and received my 10-year green card in May 2015 without an interview

    Separated in August 2015

    Divorced in January 2016

    I'm eligible to apply for my citizenship but hesitant because I'm no longer with my ex-husband.

    Would it be a problem that we separated shortly after I received my 10 year green card?

    Is the original 10-year green card approval reviewed at the time of the naturalization interview? Do I need to bring the evidence I submitted me with my I-751 again to my interview?

    Do I need to bring evidence of marriage from the date of my I-751 was submitted until the date of my divorce?

    What kind of questions should I expect during the interview?
    Will I be asked any questions about my previous marriage or asked to provide any proof? I have not kept anything since then (except tax returns, life insuarance and some bank statemnts and photos)
    What if my application gets denied will my green card be revoked? I'm considering waiting a few more years before applying for citizenship to have more time to prove good moral character (pay taxes, stay out of trouble). etc. Or should I just go ahead and submit my n-400 and see what happens. I just don't want my green card to be revoked if I'm denied. I have no problems with the law and no criminal history, do not receive government assistance and work and pay taxes.



    Thank you!

  • #2
    I think the citizen application is after 3 years of marriage, or 5 years without marriage... so should be ok as you hit the 5 years... someone here can clarify if it is 3/5 years or marriage or 3/5 years of having a green card?

    Even though I did mine after more than 5 years, they still try to make sure the marriage information you used was true at the time when you got your green card.

    Your green card can only be revoked if they prove you lied on that application.
    Anything I post is personal opinion or information from personal experience. This is not legal advice.

    Mailed Application N400 - 11/14/2017
    Interview N400 - 6/07/2018
    Oath - 8/30/2018

    Comment


    • #3
      Originally posted by closerthanever1 View Post
      Hi everyone! I'm considering applying for N-400 based on 5-year residency rule. I have a few questions for those who have had a similar experience to mine (married and divorced).


      Marriage date-Nov, 2011 (After dating for 5 years, we met in college)

      Received two-year green card in 2012.

      Applied for I-751 in August 2014 (joint) and had it approved and received my 10-year green card in May 2015 without an interview

      Separated in August 2015

      Divorced in January 2016

      I'm eligible to apply for my citizenship but hesitant because I'm no longer with my ex-husband.

      Would it be a problem that we separated shortly after I received my 10 year green card?

      Is the original 10-year green card approval reviewed at the time of the naturalization interview? Do I need to bring the evidence I submitted me with my I-751 again to my interview?

      Do I need to bring evidence of marriage from the date of my I-751 was submitted until the date of my divorce?

      What kind of questions should I expect during the interview?
      Will I be asked any questions about my previous marriage or asked to provide any proof? I have not kept anything since then (except tax returns, life insuarance and some bank statemnts and photos)
      What if my application gets denied will my green card be revoked? I'm considering waiting a few more years before applying for citizenship to have more time to prove good moral character (pay taxes, stay out of trouble). etc. Or should I just go ahead and submit my n-400 and see what happens. I just don't want my green card to be revoked if I'm denied. I have no problems with the law and no criminal history, do not receive government assistance and work and pay taxes.



      Thank you!
      You have nothing to worry about. You can apply under the 5-year rule. If you look at the N-400, you will notice that you are only asked to bring proof that you are still married to and cohabiting with the US citizen if you are applying under that category at the 3 year mark. You may file the N-400 90 calendar days prior to the 3 year mark.
      Then you may file again 90 days prior to the 5 year mark as a permanent resident. The N-400 does ask about your previous spouse(s) but it's literally biographical info and the immigration status at the time the marriage ended. Done.

      At the time your I-751 was adjudicated, it was decided that you had entered your marriage in good faith and not to evade US immigration laws; i.e., you presented solid evidence of bona fide marriage. Your naturalization interview is in fact a naturalization interview. It will not turn into a I-751 Part 2. That won't happen. You won't be asked why you two divorced. That's out of line and rude.

      When I did my citizenship at the 5 year mark, I was still married to my spouse. Because it was at the 5 year mark, I went to the interview by myself and brought zero paperwork/joint nothing from our marriage. The ISO asked "How come you didn't do it after 3 years?" I laughed and said "I am a broke student" and I was. I was in college at the time. He saw my tax returns and it was true.

      So The interview will be a 10 question civics test. It's impossible not to pass it. And then they have to get through a zillion questions about terrorism and genocide in that interview. It's the last chance they have to catch someone that shouldn't be a citizen. So file that form, study your civics, and look nice, it's an exciting day and ISOs do not rain on your parade. They are all smiles and cheerful even though they don't have to. I was pleasantly surprised.

      All the best to you.
      (c)9 AOS; PD 03-16-18; Same Sex Couple
      4-02 - Four I-797 NOA
      4-12 - Bio Walk-in
      4-13 - Bio reviewed + case still processing
      4-17 - I-693 Letter
      4-23 - Ready to be scheduled for interview
      6-28 - Background checks complete - per Tier 2
      7-31 - I-765 New Card being produced
      8-04 - Combo Card in hand
      8-08 - Change of address completed
      8-09 - Ready to be scheduled for interview
      8-10 - 8-09 Interview Cancelled
      8-11 - SS card in hand

      Comment


      • #4
        So The interview will be a 10 question civics test. It's impossible not to pass it. And then they have to get through a zillion questions about terrorism and genocide in that interview. It's the last chance they have to catch someone that shouldn't be a citizen. So file that form, study your civics, and look nice, it's an exciting day and ISOs do not rain on your parade. They are all smiles and cheerful even though they don't have to. I was pleasantly surprised.

        All the best to you.[/QUOTE]

        I disagree with this part of your answer. It is possible to fail any and all parts of this test. DO NOT underestimate it. It has become more difficult, especially with their emphasis on the ability to speak English. The main part is the N-400 questions, especially the "yes" and "no" questions. Some may have meanings questions associated with the yes or no answer. None of these are exactly like the questions in the N-400. Remember the questions may vary during the interview, depending on the officer.

        For example: "Have you ever committed genocide?"
        "No."
        "What is genocide?"
        "Mass killing of another race."

        Example: "Are you a habitual gambler?"
        "No"
        "What is a gambling?"
        "Playing a game for money."

        Example: "Have you ever been arrested?"
        "No"
        "What does arrested mean?"
        "Caught by police."

        Example: "Will you bear arms and fight for the United States?"
        "Yes."
        "What does bear arms mean?"
        "Fight for the U.S. using guns."

        Most officers are easy, but there is no promise that the officer assigned to your case and interview will be easy.

        The best thing to do is study hard for this exam, and it will appear to be easy for you with the right officer.
        Good luck!

        Comment


        • #5
          Originally posted by suziq38 View Post
          So The interview will be a 10 question civics test. It's impossible not to pass it. And then they have to get through a zillion questions about terrorism and genocide in that interview. It's the last chance they have to catch someone that shouldn't be a citizen. So file that form, study your civics, and look nice, it's an exciting day and ISOs do not rain on your parade. They are all smiles and cheerful even though they don't have to. I was pleasantly surprised.

          All the best to you.
          I disagree with this part of your answer. It is possible to fail any and all parts of this test. DO NOT underestimate it. It has become more difficult, especially with their emphasis on the ability to speak English. The main part is the N-400 questions, especially the "yes" and "no" questions. Some may have meanings questions associated with the yes or no answer. None of these are exactly like the questions in the N-400. Remember the questions may vary during the interview, depending on the officer.

          For example: "Have you ever committed genocide?"
          "No."
          "What is genocide?"
          "Mass killing of another race."

          Example: "Are you a habitual gambler?"
          "No"
          "What is a gambling?"
          "Playing a game for money."

          Example: "Have you ever been arrested?"
          "No"
          "What does arrested mean?"
          "Caught by police."

          Example: "Will you bear arms and fight for the United States?"
          "Yes."
          "What does bear arms mean?"
          "Fight for the U.S. using guns."

          Most officers are easy, but there is no promise that the officer assigned to your case and interview will be easy.

          The best thing to do is study hard for this exam, and it will appear to be easy for you with the right officer.
          Good luck![/QUOTE]

          @suziq38,

          next time tag me, just like I did, so that I have the chance to consider your point of view and address it. OP stated she met her husband in college. Based on her crisp writing, I would say that was a 4 year college. To graduate from college, she had to at least take 3 courses in English; two in composition and one in Speech. Thus, she should have no issues with understanding what the ISO is asking. For to me to have questioned her ability to speak English, would have been rude, out of line and would in fact, put my intelligence in question. Again, look at her writing. This person writes often and writes well. There are two typos likely from typing fast.
          I always tailor my answers to whoever I am answering to. I wouldn't tell someone whose post shows an obvious struggle to convey a message. That person could be my mother. Last but not least, I am an advocate of having a copy of the application with you. The long list of yes or no questions are not for you to memorize them. You should be familiar with them and yes, you should know what they mean. Those questions are not part of the test. I do agree that people who do not pass the test usually lack a solid command of the English language and unfortunately for them, they do not qualify for a waiver of that requirement. But again, it's obvious to me that OP should have no issues. For all I know, she could be a native speaker - the list of possible countries of origin is endless. Maybe she attended an International Baccalaureate School during her formative years in her country and that's why her English is so good.

          Anyway, best of luck! Thank you for sharing your insight on this.
          (c)9 AOS; PD 03-16-18; Same Sex Couple
          4-02 - Four I-797 NOA
          4-12 - Bio Walk-in
          4-13 - Bio reviewed + case still processing
          4-17 - I-693 Letter
          4-23 - Ready to be scheduled for interview
          6-28 - Background checks complete - per Tier 2
          7-31 - I-765 New Card being produced
          8-04 - Combo Card in hand
          8-08 - Change of address completed
          8-09 - Ready to be scheduled for interview
          8-10 - 8-09 Interview Cancelled
          8-11 - SS card in hand

          Comment


          • #6
            Originally posted by UScitizenFilingforspouse View Post
            I disagree with this part of your answer. It is possible to fail any and all parts of this test. DO NOT underestimate it. It has become more difficult, especially with their emphasis on the ability to speak English. The main part is the N-400 questions, especially the "yes" and "no" questions. Some may have meanings questions associated with the yes or no answer. None of these are exactly like the questions in the N-400. Remember the questions may vary during the interview, depending on the officer.

            For example: "Have you ever committed genocide?"
            "No."
            "What is genocide?"
            "Mass killing of another race."

            Example: "Are you a habitual gambler?"
            "No"
            "What is a gambling?"
            "Playing a game for money."

            Example: "Have you ever been arrested?"
            "No"
            "What does arrested mean?"
            "Caught by police."

            Example: "Will you bear arms and fight for the United States?"
            "Yes."
            "What does bear arms mean?"
            "Fight for the U.S. using guns."

            Most officers are easy, but there is no promise that the officer assigned to your case and interview will be easy.

            The best thing to do is study hard for this exam, and it will appear to be easy for you with the right officer.
            Good luck!
            @suziq38,

            next time tag me, just like I did, so that I have the chance to consider your point of view and address it. OP stated she met her husband in college. Based on her crisp writing, I would say that was a 4 year college. To graduate from college, she had to at least take 3 courses in English; two in composition and one in Speech. Thus, she should have no issues with understanding what the ISO is asking. For to me to have questioned her ability to speak English, would have been rude, out of line and would in fact, put my intelligence in question. Again, look at her writing. This person writes often and writes well. There are two typos likely from typing fast.
            I always tailor my answers to whoever I am answering to. I wouldn't tell someone whose post shows an obvious struggle to convey a message. That person could be my mother. Last but not least, I am an advocate of having a copy of the application with you. The long list of yes or no questions are not for you to memorize them. You should be familiar with them and yes, you should know what they mean. Those questions are not part of the test. I do agree that people who do not pass the test usually lack a solid command of the English language and unfortunately for them, they do not qualify for a waiver of that requirement. But again, it's obvious to me that OP should have no issues. For all I know, she could be a native speaker - the list of possible countries of origin is endless. Maybe she attended an International Baccalaureate School during her formative years in her country and that's why her English is so good.

            Anyway, best of luck! Thank you for sharing your insight on this.[/QUOTE]
            Not really. One of my students was a college student from Wales. He still studied the meanings questions thoroughly. You said that it was ".....impossible to fail....." I beg to differ.

            Comment


            • #7
              Not really. One of my students was a college student from Wales. He still studied the meanings questions thoroughly. You said that it was ".....impossible to fail....." I beg to differ.[/QUOTE]

              I feel I did my best to explain where my answer came from. I tailor my answers to every person. Thus, if someone's writing is as crisp as hers, then saying "you'll be fine if you show that you can speak English" would be inappropriate and highly offensive. If you feel any different, make bumper stickers to convey that message. My mother who does not speak English fluently AT ALL passed that test with flying colors. And yes, she took it in English. My stance remains. I do not think there are hard words on that test. That's subjective, I suppose.

              All the best.
              Last edited by UScitizenFilingforspouse; 04-09-2018, 09:46 AM.
              (c)9 AOS; PD 03-16-18; Same Sex Couple
              4-02 - Four I-797 NOA
              4-12 - Bio Walk-in
              4-13 - Bio reviewed + case still processing
              4-17 - I-693 Letter
              4-23 - Ready to be scheduled for interview
              6-28 - Background checks complete - per Tier 2
              7-31 - I-765 New Card being produced
              8-04 - Combo Card in hand
              8-08 - Change of address completed
              8-09 - Ready to be scheduled for interview
              8-10 - 8-09 Interview Cancelled
              8-11 - SS card in hand

              Comment


              • #8
                Originally posted by UScitizenFilingforspouse View Post
                Not really. One of my students was a college student from Wales. He still studied the meanings questions thoroughly. You said that it was ".....impossible to fail....." I beg to differ.
                I feel I did my best to explain where my answer came from. I tailor my answers to every person. Thus, if someone's writing is as crisp as hers, then saying "you'll be fine if you show that you can speak English" would be inappropriate and highly offensive. If you feel any different, make bumper stickers to convey that message. My mother who does not speak English fluently AT ALL passed that test with flying colors. And yes, she took it in English. My stance remains. I do not think there are hard words on that test. That's subjective, I suppose.

                All the best.[/QUOTE]
                Of course you are way more knowledgable than I am. No hard words or questions if you have studied it thoroughly. You are right. It is very subjective depending on the student, their level of English speaking skills, and whether or not they have studied for the exam. The officers are different as well. Some are easy, and some are strict.

                Comment


                • #9
                  Originally posted by UScitizenFilingforspouse View Post
                  Not really. One of my students was a college student from Wales. He still studied the meanings questions thoroughly. You said that it was ".....impossible to fail....." I beg to differ.
                  I feel I did my best to explain where my answer came from. I tailor my answers to every person. Thus, if someone's writing is as crisp as hers, then saying "you'll be fine if you show that you can speak English" would be inappropriate and highly offensive. If you feel any different, make bumper stickers to convey that message. My mother who does not speak English fluently AT ALL passed that test with flying colors. And yes, she took it in English. My stance remains. I do not think there are hard words on that test. That's subjective, I suppose.

                  All the best.[/QUOTE]
                  Of course you are way more knowledgable than I am. No hard words or questions if you have studied it thoroughly. You are right. It is very subjective depending on the student, their level of English speaking skills, and whether or not they have studied for the exam. The officers are different as well. Some are easy, and some are strict. Also, your mother passing with "flying colors" is great, congratulations. She was either lucky or made her luck by studying. She could have also had the good fortune of getting a nice officer. Not all pass with "flying colors" if English is their second or third language. Some ESL candidates for citizenship have a harder time than others depending on their first language and how much English they can speak.

                  Comment


                  • #10
                    Originally posted by suziq38 View Post
                    I feel I did my best to explain where my answer came from. I tailor my answers to every person. Thus, if someone's writing is as crisp as hers, then saying "you'll be fine if you show that you can speak English" would be inappropriate and highly offensive. If you feel any different, make bumper stickers to convey that message. My mother who does not speak English fluently AT ALL passed that test with flying colors. And yes, she took it in English. My stance remains. I do not think there are hard words on that test. That's subjective, I suppose.

                    All the best.
                    Of course you are way more knowledgable than I am. No hard words or questions if you have studied it thoroughly. You are right. It is very subjective depending on the student, their level of English speaking skills, and whether or not they have studied for the exam. The officers are different as well. Some are easy, and some are strict.[/QUOTE]

                    Suziq38,

                    please accept my sincere apology for my previous message, my poor word choice and irreverent and unnecessary tone. I spent some time perusing your forum posts. I can see that you are providing great assistance here. It seems like you teach the citizenship course? Maybe even volunteer doing so? That's commendable. It's self-evident that you are invested in your students' success. I am acknowledging that your concern with my statement is valid. Other applicants for citizenship might read that "it's impossible not to pass it". I post frequently. Thus, it must be true.
                    Sure, my mother passed her citizenship test with flying colors. But what I didn't tell you is that it took a village - our little village. My brother spent every weekend studying with her over three months. Then, she flew me down to Florida and we did boot camp for 3 weeks. I would ask her to explain the meaning of words. The advantage she had, though, is that our native language is a romance language. So most hard or obscure words in English which typically have a Latin root, are cognates and are spelled the same way in our language.
                    We would get up at 2am and studied until 6am, when it was time for her to go to work. I'd spend the majority of the day preparing the quizzes for the next early morning. Needless to say, I returned to the Midwest as pale as I had arrived.
                    I believe officers can sense who shows respect respect for the exam and deference for the event of becoming a naturalized US citizen.
                    Keep sharing your wealth. All the best.

                    USCitizenfilingforspouse
                    (c)9 AOS; PD 03-16-18; Same Sex Couple
                    4-02 - Four I-797 NOA
                    4-12 - Bio Walk-in
                    4-13 - Bio reviewed + case still processing
                    4-17 - I-693 Letter
                    4-23 - Ready to be scheduled for interview
                    6-28 - Background checks complete - per Tier 2
                    7-31 - I-765 New Card being produced
                    8-04 - Combo Card in hand
                    8-08 - Change of address completed
                    8-09 - Ready to be scheduled for interview
                    8-10 - 8-09 Interview Cancelled
                    8-11 - SS card in hand

                    Comment


                    • #11
                      Originally posted by UScitizenFilingforspouse View Post
                      You have nothing to worry about. You can apply under the 5-year rule. If you look at the N-400, you will notice that you are only asked to bring proof that you are still married to and cohabiting with the US citizen if you are applying under that category at the 3 year mark. You may file the N-400 90 calendar days prior to the 3 year mark.
                      Then you may file again 90 days prior to the 5 year mark as a permanent resident. The N-400 does ask about your previous spouse(s) but it's literally biographical info and the immigration status at the time the marriage ended. Done.

                      At the time your I-751 was adjudicated, it was decided that you had entered your marriage in good faith and not to evade US immigration laws; i.e., you presented solid evidence of bona fide marriage. Your naturalization interview is in fact a naturalization interview. It will not turn into a I-751 Part 2. That won't happen. You won't be asked why you two divorced. That's out of line and rude.

                      When I did my citizenship at the 5 year mark, I was still married to my spouse. Because it was at the 5 year mark, I went to the interview by myself and brought zero paperwork/joint nothing from our marriage. The ISO asked, "How come you didn't do it after 3 years?" I laughed and said "I am a broke student" and I was. I was in college at the time. He saw my tax returns and it was true.

                      So The interview will be a 10 question civics test. It's impossible not to pass it. And then they have to get through a zillion questions about terrorism and genocide in that interview. It's the last chance they have to catch someone that shouldn't be a citizen. So file that form, study your civics, and look nice, it's an exciting day and ISOs do not rain on your parade. They are all smiles and cheerful even though they don't have to. I was pleasantly surprised.

                      All the best to you.
                      @UScitizenFilingforspouse Awesome! Thank you for replying to my post. I appreciate your hep. Yes, English is not my concern since I speak it fluently and I am pretty confident about being able to pass the civics test. I was just worried that I didn't care to document my marriage after I filed for I-751. As you mentioned earlier if the N-400 interview was the continuation of I-751 process I'd be underpreapred. But you put my mind at ease. Thanks again!

                      Comment


                      • #12
                        How did it go for you? Very similar situation here..

                        Comment


                        • #13
                          Lina123/Closerthanever1

                          How did the interview go for you? I am in a very similar situation. Please respond with your experience of the naturalization process

                          Comment


                          • #14
                            Originally posted by UScitizenFilingforspouse View Post

                            You have nothing to worry about. You can apply under the 5-year rule. If you look at the N-400, you will notice that you are only asked to bring proof that you are still married to and cohabiting with the US citizen if you are applying under that category at the 3 year mark. You may file the N-400 90 calendar days prior to the 3 year mark.
                            Then you may file again 90 days prior to the 5 year mark as a permanent resident. The N-400 does ask about your previous spouse(s) but it's literally biographical info and the immigration status at the time the marriage ended. Done.

                            At the time your I-751 was adjudicated, it was decided that you had entered your marriage in good faith and not to evade US immigration laws; i.e., you presented solid evidence of bona fide marriage. Your naturalization interview is in fact a naturalization interview. It will not turn into a I-751 Part 2. That won't happen. You won't be asked why you two divorced. That's out of line and rude.

                            When I did my citizenship at the 5 year mark, I was still married to my spouse. Because it was at the 5 year mark, I went to the interview by myself and brought zero paperwork/joint nothing from our marriage. The ISO asked "How come you didn't do it after 3 years?" I laughed and said "I am a broke student" and I was. I was in college at the time. He saw my tax returns and it was true.

                            So The interview will be a 10 question civics test. It's impossible not to pass it. And then they have to get through a zillion questions about terrorism and genocide in that interview. It's the last chance they have to catch someone that shouldn't be a citizen. So file that form, study your civics, and look nice, it's an exciting day and ISOs do not rain on your parade. They are all smiles and cheerful even though they don't have to. I was pleasantly surprised.

                            All the best to you.
                            Hello! Were you interviewed for 751 removal of conditions? I don’t remember my interview at all.. I remember that we had it. Idk if it was stokes or not.

                            Comment


                            • #15
                              Originally posted by Lina123 View Post

                              Hello! Were you interviewed for 751 removal of conditions? I don’t remember my interview at all.. I remember that we had it. Idk if it was stokes or not.
                              I did have an interview for I-751 Removal of conditions. It was in fact a stokes interview. if you are applying based on the 5-year rule, the officer may ask if you are still married to your husband OR may just verify that you are divorced. In any case, there’s no reason to be nervous. Your relationship was vetted before. You do not have to bring evidence to document your previous marriage was Bona fide. If the officer questions whether you’d married your former spouse for love or not, all you have to say is that you married your spouse for love and that’s it.

                              All the best on your process!

                              USCFFS
                              (c)9 AOS; PD 03-16-18; Same Sex Couple
                              4-02 - Four I-797 NOA
                              4-12 - Bio Walk-in
                              4-13 - Bio reviewed + case still processing
                              4-17 - I-693 Letter
                              4-23 - Ready to be scheduled for interview
                              6-28 - Background checks complete - per Tier 2
                              7-31 - I-765 New Card being produced
                              8-04 - Combo Card in hand
                              8-08 - Change of address completed
                              8-09 - Ready to be scheduled for interview
                              8-10 - 8-09 Interview Cancelled
                              8-11 - SS card in hand

                              Comment

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