Need help with N400 form please

T

thinkingeye

Registered Users (C)
Hi All
I need help and guidance for filling the N400 form. I got married in 2005 and got my temporary GREEN CARD in june 2006 and the immigration lawyer said i can file my CITIZENSHIP after 1yr after i get the Permanent citizenship, but we got divorced in 2007 and i applied for my permanent GC in jan 2008 and got it in sep 2008 and the immigration officer at that time said i can apply for citizen ship in june 2009. Now when i'm filling the N400 FORM and i have a section PART 2 :
iNFORMATION ABOUT YOUR ELIGIBILITY:

A: I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF HE USA FOR ATLEAST LAST 5 YEARS
B: I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF THEUSA FOR ATLEAST 3 YEARS AND I HAVE BEEN MARRIED TO AND LIVING WITH THE SAME US CITIZEN FOR THE LAST 3 YEARS AND MY SPOUSE HAS BEEN A USC FOR LAST 3 YRS
C I AM APPLYING ON THE BASIS OF QUALIFYING MILITARY SERVIC
D: OTHER

Please help me which one should i check?


Thank You all
 
So you obtained your permanent GC card in Sep 2008 based on what? Labor or marriage?
You'll need at least 5 years of continuous residency as a permanent resident to be eligible.
 
thinkingeye said:
Hi All
I need help and guidance for filling the N400 form. I got married in 2005 and got my temporary GREEN CARD in june 2006 and the immigration lawyer said i can file my CITIZENSHIP after 1yr after i get the Permanent citizenship, but we got divorced in 2007 and i applied for my permanent GC in jan 2008 and got it in sep 2008 and the immigration officer at that time said i can apply for citizen ship in june 2009. Now when i'm filling the N400 FORM and i have a section PART 2 :
iNFORMATION ABOUT YOUR ELIGIBILITY:

A: I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF HE USA FOR ATLEAST LAST 5 YEARS
B: I HAVE BEEN A LAWFUL PERMANENT RESIDENT OF THEUSA FOR ATLEAST 3 YEARS AND I HAVE BEEN MARRIED TO AND LIVING WITH THE SAME US CITIZEN FOR THE LAST 3 YEARS AND MY SPOUSE HAS BEEN A USC FOR LAST 3 YRS
C I AM APPLYING ON THE BASIS OF QUALIFYING MILITARY SERVIC
D: OTHER

Please help me which one should i check?


Thank You all
Click to expand...

Assumming military service is not relevent to you, You are not eligible now. You divorced your citizen wife so you could not file based on marriage. You need five years of GC time. SO you will be eligble in 2011.
 
Bobsmyth said:
So you obtained your permanent GC card in Sep 2008 based on what? Labor or marriage?
You'll need at least 5 years of continuous residency as a permanent resident to be eligible.
Click to expand...

He went from temp GC to perm GC so GC must be marriage based. What
his lawyer and immigration officers told him were true but they all assume
marrigae continued. He got divorced so that teh assumption is not there anymore. He should wait until 2011 to apply
 
WBH said:
He went from temp GC to perm GC so GC must be marriage based.
his lawyer and immigration officers told him were true but they allwh assume
marrigae continued. He got divorced so that teh assumption is not there anymore. He should wait until 2011 to apply
Click to expand...

Yes but when i went for my interview for the permanent GC in 2008 jan , i took my divorce docs with me and they knw i got divorced, inspite of that the officer said that i can apply for USA after june-01-2009, but i dont know where i can check the box?

Thanks
 
thinkingeye said:
Yes but when i went for my interview for the permanent GC in 2008 jan , i took my divorce docs with me and they knw i got divorced, inspite of that the officer said that i can apply for USA after june-01-2009, but i dont know where i can check the box?

Thanks
Click to expand...

These officers don't know what they are talking about. Laws are too complicated so an office in charge of handling GC may not know enough
about citizenship.
 
Last edited by a moderator:
The officer was satisfied that you marriage was bona fide, even though it ended in divorce. However, he incorrectly told you can apply in 2009 since you are no longer married to a US citizen.
 
Bobsmyth said:
The IO was incorrect. How can IO assume the marriage continued when he was presented with the divorce paper?
Click to expand...

The IO could give answer based upon theoretial possibility. He could
have married another US citizen right way after this divorce
 
WBH said:
The IO could give answer based upon theoretial possibility. He could
have married another US citizen right way after this divorce
Click to expand...
Thanks WBH but there is no way he can assume that i married another citizen as they asked me to bring any marriage certificates that i entered into as well along with my divorce papers

thnks
 
Were you subject to abuse by the citizen spouse and got your green card through the Violence Against Women Act? If yes then you could appply within three years. If not you must have misunderstood something.
 
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