Please help me with N400 filing - child support

H

helpmen400

Registered Users (C)
I have completed my 5 years as GC holder and is in the process of filing N400.
Unfortunately I got divorced few months ago in India. I have a daughter (US citizen) from the previous marriage. Unfortunately there is nothing mentioned about the child support in the divorce documents (Judgement and decree). I do not owe anything as Child support or alimony. There was nothing mentioned about the child in both the Judgment and decree. But the custody of the child was mentioned in the original petition for the divorce and that goes to the mother permanantly. Currently she is staying with my ex's family in India. There was nothing mentioned as far as the alimony or child support (financial part). My ex got her GC through me.

Now my question is, do I have to provide any documents about the child support for filing N-400. If I have to, considering my current state, could you please help with what I can do at this time. I am waiting to get a clarification before I file N400. I really appreciate if you could shed some light into it.

Thanks a lot for your help
Ajith
 
The IO will want to see and check any divorce and child custody decree to check IF there is any kind of child support obligation and if there is, to ensure there is no arrears.

Wd
 
helpmen400 said:
I have completed my 5 years as GC holder and is in the process of filing N400.
Unfortunately I got divorced few months ago in India. I have a daughter (US citizen) from the previous marriage. Unfortunately there is nothing mentioned about the child support in the divorce documents (Judgement and decree). I do not owe anything as Child support or alimony. There was nothing mentioned about the child in both the Judgment and decree. But the custody of the child was mentioned in the original petition for the divorce and that goes to the mother permanantly. Currently she is staying with my ex's family in India. There was nothing mentioned as far as the alimony or child support (financial part). My ex got her GC through me.

Now my question is, do I have to provide any documents about the child support for filing N-400. If I have to, considering my current state, could you please help with what I can do at this time. I am waiting to get a clarification before I file N400. I really appreciate if you could shed some light into it.

Thanks a lot for your help
Ajith
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I would be prepared to provide any documents but so as not to confuse the IO, I would not send any documents with your N-400 unless you feel it is necessary to do so.
 
Whaledad said:
The IO will want to see and check any divorce and child custody decree to check IF there is any kind of child support obligation and if there is, to ensure there is no arrears.

Wd
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Yes this is exactly the issue I am referring to. If the IO looks into my documents, which are totally three, petition for divorce, Judgement and decree... In both Judgement and Decree there is nothing mentioned about the child. Only the custody of the child is mentioned in the petition. Apart from that there is nothing mentioned about anythingelse. I am not sure whether this is sufficient for the IO to ensure there is no arrears. These are the only three documents that I have. Do you think they are sufficient?

Thanks
Ajith
 
vdostoi1 said:
I would be prepared to provide any documents but so as not to confuse the IO, I would not send any documents with your N-400 unless you feel it is necessary to do so.
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I thought as per the document checklist for N-400, I need to include divorce documents and child support documents. I put the details from the N-400 checklist below.

---------
"If you were married before, send:
Proof that all earlier marriages ended - divorce decree(s), annulment(s), or death certificate(s);"


"If you have a dependent spouse or children who do not live with you, send:
Any court or government order to provide financial support; and
Evidence of your financial support (including evidence that you have complied with any court or government order), such as:
Cancelled checks,
Money and receipts,
A court or agency printout of child support payments,
Evidence of wage garnishments,
A letter from the parent or guardian who cares for your children."
-------------

Thanks for your help

Ajith
 
You should present them at interview to IO since this is where they will question you about them. You can send copies in with application as well.
Are you currently paying child support since your ex has full custody and is living with child in India?
 
Bobsmyth said:
You should present them at interview to IO since this is where they will question you about them. You can send copies in with application as well.
Are you currently paying child support since your ex has full custody and is living with child in India?
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Thanks Bobsmyth. Do you think just photocopies are fine with the application?.

I am not paying any child support. We agreeed to not to pay child support out side the court.

Thanks
 
helpmen400 said:
Thanks Bobsmyth. Do you think just photocopies are fine with the application?.

I am not paying any child support. We agreeed to not to pay child support out side the court.

Thanks
Click to expand...

Yes, photocopies with application are fine, but bring originals to interview.
 
Ajith

I would suggest sending all documents to prove no child support is due. If Decree/Judgment does not mention child support I am sure it says somehere that all claims against each other are settled and you will not sue each other in future. That's proof that you dont owe any child support. Also send copy of petition. Also enclose a letter stating that no child support is outstanding because alll disputes have been mutually settled out of court. Thats what I did. I wrote a letter and enclosed photocopies highlightiong the relavant sections.

Also send your tax returns for 5 years. Yor returns after divorce should show no dependents because you do not have custody. Thats an indirect proof that you have no depedents because the custody is with mother.

Bottom ine is you wont be able to sweep it under the rug. Most likely they will want to see some kind of document.
 
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