Married, separated, applying based on 5 years. What do I send?

diwolfie

New Member
Hello,

I hope someone can help me with my question. I live in Florida, and got married to a US citizen in 2005. I obtained GC based on marriage in 2006, and then my regular (non conditional) GC two years later. Things unfortunately did not work out between my spouse and myself. I moved out of his apartment in August 2011 and we have been apart since then, but we are still legally married. I do not think we can work things out, and we will file for divorce eventually (question of money to file), but I would like to send out my N-400 and just get it done. Since I am still married, but not living together, and not applying based on 3 years of residence, could someone please tell me what exactly I need to include with my application? (other than application, photos, and fees) I am not sure about marriage certificate and taxes, what all I really need to submit. I will definitely bring all paperwork to the interview but that's for later, especially if divorce time-line goes faster that naturalization. Also, for taxes, if I send them with my application, can I get by with copies of 1040 and then bring transcripts to interview, or should I give transcripts in both cases? I am also afraid of how the officer is going to treat me because I won't be together with the US citizen. We genuinely tried and failed; I am not planning to run off with another man anything like that. We were both each other's first spouses with no previous marriages/divorces, and aside from a few 2 week trips to Canada throughout all this time, I've pretty much been in Florida the whole time.
 
what exactly I need to include with my application? (other than application, photos, and fees)

Whatever the instructions tell you to file. Nothing more, nothing less.

I am also afraid of how the officer is going to treat me because I won't be together with the US citizen.

You separated three years after removing conditions. Nothing to worry about.
 
Hello,

I hope someone can help me with my question. I live in Florida, and got married to a US citizen in 2005. I obtained GC based on marriage in 2006, and then my regular (non conditional) GC two years later. Things unfortunately did not work out between my spouse and myself. I moved out of his apartment in August 2011 and we have been apart since then, but we are still legally married. I do not think we can work things out, and we will file for divorce eventually (question of money to file), but I would like to send out my N-400 and just get it done. Since I am still married, but not living together, and not applying based on 3 years of residence, could someone please tell me what exactly I need to include with my application? (other than application, photos, and fees) I am not sure about marriage certificate and taxes, what all I really need to submit. I will definitely bring all paperwork to the interview but that's for later, especially if divorce time-line goes faster that naturalization. Also, for taxes, if I send them with my application, can I get by with copies of 1040 and then bring transcripts to interview, or should I give transcripts in both cases? I am also afraid of how the officer is going to treat me because I won't be together with the US citizen. We genuinely tried and failed; I am not planning to run off with another man anything like that. We were both each other's first spouses with no previous marriages/divorces, and aside from a few 2 week trips to Canada throughout all this time, I've pretty much been in Florida the whole time.

As for what to send with your applications, read carefully the N-400 document checklist http://www.uscis.gov/portal/site/us...nnel=11616c854523d010VgnVCM10000048f3d6a1RCRD
and send the items that apply to you.

Note that photocopies of actual 1040s are useless, USCIS will only accept official IRS tax return transcripts/tax account transcripts.
 
i had the exact same situation. i filed for divorce about 4 months after filing for N-400. Since i live in NY i was told that the divorce would take about 3-6months! but it got approved within two months. When i filed i followed the directions and sent in exactly what they asked for an application based on 5 years.
When i went to the interview i took my married filing jointly and married filing separately filed taxes. i wasn't asked for them. i also took a copy and the original of my divorce paper. and it was very easy. (i think it helped to actually have the divorce already). Since you separated way after you filed for removal of conditions i don't think you're in any trouble. i was also very careful about the date of separation i wrote in the divorce application based on what i've read on this forum (i 'unofficially' separated 3 years after my first AOS application). hope this helps.
 
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