Requirement - Citizenship NOT based on marriage

[MisisMags]

Help, please!

I am applying for my naturalization this month. I already have everything filled out and ready to be sent out.

Long story short, I just need to know IF I still need to send in my marriage certificate even if I am NOT applying on the basis of marriage. I came here to the US with my family before I turned 21. I am now married to a US Citizen for almost 10 years BUT I have my own green card (not fiance or spouse greencard or something like that). So does that mean that since I am not applying on the basis of marriage to a US Citizen that I do not have to send in our marriage license?

Also, I have also been married a long time ago in the Philippines. I have been divorced for a long time. Do I still have to provide proof that my marriage ended even though my previous spouse has never been to the US? I'm confused as to why USCIS don't need my current marriage certificate but need a copy of my divorce documents. (I'm looking at the checklist and it is kind of confusing to me)

I tried calling uscis but they said they cannot help me figure out what documents I need to send out.

If you have any idea on what I need to be sending out, please let me know. I just might be missing some information.

Thank you all in advance.

 

[Jackolantern]

You don't need to send your marriage certificate with the application. But if you got married after your green card was approved, they'll probably ask for it at the interview. So bring it to the interview.

Proof of the termination of your previous marriage is needed in order to show that you're not currently married to two people. Your citizenship cannot be approved if you're married to two people, as that is illegal in the US.

However, if that marriage ended before you moved to the US, and you already provided evidence of the termination of that marriage for your green card process, they might not ask for it because they should already have it on file.

 

[MisisMags]

You don't need to send your marriage certificate with the application. But if you got married after your green card was approved, they'll probably ask for it at the interview. So bring it to the interview.

Proof of the termination of your previous marriage is needed in order to show that you're not currently married to two people. Your citizenship cannot be approved if you're married to two people, as that is illegal in the US.

However, if that marriage ended before you moved to the US, and you already provided evidence of the termination of that marriage for your green card process, they might not ask for it because they should already have it on file.

That makes a lot of sense! Now I understand it better.

Now, here's an addition to my scenario that I forgot to mention earlier. My husband is in the US Air Force and is now deployed. I heard that spouses can get expedited processing if I apply while he's deployed (?). But does this mean that I actually have to apply in the basis of my marriage to him?

Would it make everything easier if I applied for my citizenship by checking "married to a US Citizen for more than 3 years" (or is that considered "lying" since I did not get my visa through him?)

Right now, the box I have checked is the first box (being a green card holder for 5 years or more).

Thanks, again!

 

[Jackolantern]

Now, here's an addition to my scenario that I forgot to mention earlier. My husband is in the US Air Force and is now deployed. I heard that spouses can get expedited processing if I apply while he's deployed (?). But does this mean that I actually have to apply in the basis of my marriage to him?

That expedited option is only available if you're accompanying your spouse abroad. See http://www.uscis.gov/portal/site/us...nnel=8aa13e4d77d73210VgnVCM100000082ca60aRCRD

Would it make everything easier if I applied for my citizenship by checking "married to a US Citizen for more than 3 years" (or is that considered "lying" since I did not get my visa through him?)

No, if you've been married long enough to qualify for that option and meet the other criteria, you can choose it. But that is usually more difficult than the regular 5 year option, because the 3 year rule involves additional paperwork and scrutiny of your marriage, so it rarely* makes sense to choose the 3-year option if you're also eligible for the 5-year.


*there are some particular circumstances where you're eligible for both and it's better to choose the 3-year over the 5-year option, for example suppose 4 years ago you committed a misdemeanor. That would fall within the statutory period for the 5-year option but it is outside the statutory period for the 3-year option, so applying with the 3-year option would reduce your chances of being denied on moral character grounds.