I married to an US citizen and got my green card in 2000. After 7 years of marriage, my wife and I are going to get a divorce, should I wait for the official divorce paper before I submit my N-400 application? Can I still submit the application first and then show the official document later for the Interview? Please help.
submitting N400 when getting a divorce
- Thread starter PC1337
- Start date
That is probably a great question for an attorney. You should be able to pay an immigration attorney about $50 to $100 for a consult on that. To me (and I am not an attorney) it seems you had a valid 7+ year marriage and would be going for citizenship based on the 5 year permanent resident route. However depending on how messy the divorce is going to be could create many other issues for you and your application eg restraining orders (whether warranted or not), child support payments etc. Those could cause issues with your application until they are resolved.
After that period, you don't apply based on marriage.
Should you get the divorce papers any time before the oath, I would submit them to have the records straight (as having a spouse is part of the application) however, I highly doubt that having a negative impact.
As kckfs wrote, just ensure your records are straight and clean.
Even if you wait after the divorce the child support question always remains (if applicable) and thus could cause delays even then.
I would go ahead and file otherwise you face delays one way or another. I doubt that divorce after 7 years is any reason in itself to deny the application.
Should you get the divorce papers any time before the oath, I would submit them to have the records straight (as having a spouse is part of the application) however, I highly doubt that having a negative impact.
As kckfs wrote, just ensure your records are straight and clean.
Even if you wait after the divorce the child support question always remains (if applicable) and thus could cause delays even then.
I would go ahead and file otherwise you face delays one way or another. I doubt that divorce after 7 years is any reason in itself to deny the application.
Yes, I am going to apply for my citizenship based on the 5 years route. Also, my gonna-be ex-wife and I do not have children, and our relationship is still good. We are still friends. So I should just submit the application eventhough I do not have the divorce paper yet? Thanks for your help.
I made a mistake on my post. I meant to say was we married since 1998 and we are in the process of getting a divorce. I am going to apply for my citizenship base on the 5 years route. In order to get the divorce paper, I might need to wait for another 2-3 months. So I am wondering if it is OK for me to send in the application first and state that I am in the process of getting divorce and provide them the divorce paper later when I get it. Thanks for the help.
There isn't a check box that asks if you are in divorce proceedings.
If your status changes then mention it at your interview.
If you get stuck in the name check, you could be married again by the time you get your interview or have children.
I really don't get your point. Life won't stop because you file a N-400.
If your status changes then mention it at your interview.
If you get stuck in the name check, you could be married again by the time you get your interview or have children.
I really don't get your point. Life won't stop because you file a N-400.
What MartinAub ?????
PC1337 Since it ask on the Application about your Marriage whether you applying on the 3 Year Marriage or 5 Year residency and you don't know when you get your final papers I would wait until you have the papers in hand and then apply. Yes it does not say anything on the application form about divorce proceedings but about Marriage so I would just wait because if you are one of the lucky ones that get their case done pretty quick and you won't have any papers by the time of the Interview it might cause some problems.
Just my personal opinion
I didn't say that he is. I just said whether he is applying in either one of these 2 he should wait for the final divorce papers since it ask on the application about Marriage and previous Marriages.
And there does that American Wife come from. I just said either way applying for Citizenship he should wait for the final papers.
On another Note !
We German's are being germans's even though we will be americans soon. You can't get the german out of the german, lol.
What I mean by that is we always want to get our point accross and go witht he head through the wall, lol
This is a joke by the way ! Don't take it seriously or offensive !
We German's are being germans's even though we will be americans soon. You can't get the german out of the german, lol.
What I mean by that is we always want to get our point accross and go witht he head through the wall, lol
This is a joke by the way ! Don't take it seriously or offensive !