Applying for citizenship, 5 years after GC

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koiadmi

Registered Users (C)
Hello guys

Just went thru the checklist, and I think my case is quiet straight, but just wanted to run by you guys :)

1. I got married to a permanent resident in June 2004. I was being sponsored by my employers, so I never applied on her behalf.
2. In mid 2006, she became US citizen, and then I applied for my GC as her spouse (as employment based GC was taking long time, in those days in CA)
3. I became PR in June 2007. Then I started waiting for June 2010 for N400 application.
4. Unfortunately, I had to file for divorce in Oct 2009, which was finalized in mid 2010.
5. Because of divorce, I had to wait for 5 years (June 2012), before applying for N400.


I am married now to a Canadian citizen, and we r expecting our first baby :) I have not been out of the US for more than 70 days, all combined in the last 5 years. Always filed taxes on time. Never been arrested, etc.

What complications could happen in my case?

As far as I can see , I have to send only the following:

1. Complete N400 Application forum
2. A personal check for the free, $595 to US Dept of Homeland Security
3. photocopy of PRC
4. 2 photos.
5. Marriage Dissolution order , status only (FL-180) for my previous marriage.

Thanks

PS: My current wife has been married before, I dont think I have to send her previous divorce papers.
 
You should bring her divorce decree to the interview. Because if her previous marriage has not legally ended, that means your current marriage to her isn't valid.

Do you plan to sponsor her for a green card? That's when you might face some complications. You can't file for her green card until it's 5 years after you got your own green card, because you obtained your own green card through marriage. Once you get past that time frame, you can expect the green card interviewer to be suspicious of how you got your green card through one spouse and now you're turning around to sponsor another spouse.

The suspicion would be not on the current marriage, but on the first marriage -- there are some people who enter a fake marriage to get a green card, then get divorced and sponsor somebody else whom they really wanted to marry in the first place. However, the length of your first marriage should dispel most of those suspicions, as long as there is no evidence of you possibly having a relationship with your current spouse before you got your green card (I hope you're not both from the same city in Canada).
 
"The suspicion would be not on the current marriage, but on the first marriage"

I was married for more than 5 years with the ex, and we lived together all the time, files taxes together, took vacations together, held joint accounts, bought a home together, etc etc. So, I don't know how there could be any such suspicion. But u r right, u never know. USC official could be pain in the *** in interview. I will come prepared with two boxes of papers :)

I was just wondering, if someone could confirm, if these are the only papers required to file for N400? This is so simple, that I can't believe I am dealing with the UD govt :)

Thanks
 
koiadmi said:
I was just wondering, if someone could confirm, if these are the only papers required to file for N400? This is so simple, that I can't believe I am dealing with the US govt :)
Click to expand...

That's all the documentation, but don't forget the $85 biometrics fee in addition to the $595 N400 fee.
 
Ok, thanks

BTW, I got my GC on 06/19/2007. So, i am still about 3 months away from 06/19/2012. I can apply for N400, now, right?
 
You can apply 90 days before 6/19/2012, which would be 3/21/2012.

However it is better to wait a few extra days to protect yourself from USCIS miscounting. Some who applied exactly 90 days before the 5-year anniversary were wrongly rejected (without an interview!) for applying too early.

I was married for more than 5 years with the ex, and we lived together all the time, files taxes together, took vacations together, held joint accounts, bought a home together, etc etc. So, I don't know how there could be any such suspicion.
Click to expand...

Like I said, the length of your first marriage should get rid of most of that suspicion ... unless it appears that you had a relationship with your current spouse before you got your green card. Did you know your current spouse before getting your green card? Or are there circumstances that might lead the interviewer to believe that?
 
Jackolantern said:
You can apply 90 days before 6/19/2012, which would be 3/21/2012.
Like I said, the length of your first marriage should get rid of most of that suspicion ... unless it appears that you had a relationship with your current spouse before you got your green card. Did you know your current spouse before getting your green card? Or are there circumstances that might lead the interviewer to believe that?
Click to expand...


No, I didn't know my wife at the time of filing for divorce, or even months after.

I got my unconditional green card in June 2007. I could have ended the marriage then, rather than two years later....and just nine months before I could file for n400 based on 3 years marriage.

But I heard from some sources after divorce, my ex tried to cancel my GC :) not sure how far she went with it, and if USCIS gave a damn about it.
 
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