Hello! I really need help answering this question. I was petitioned in 2003 by my dad who is a U.S. citizen. I've been a green card holder since 2003 and now eligible to apply for naturalization. In 2004 I got married. I filed for divorce in May 2012. Served my ex-husband in June 10, 2012. My divorced papers was signed by the judge in Orange County California last Sept. 14, 2012. But the catch is even though it is signed, it will not take effect on Dec. 11, 2012. Meaning I will not completely be single and able to marry til the effect date. I wanna apply for my naturalization this month, since my resident card will expire on Sept., 2013. Question is, what status do I put on my N-400 application? Do I put divorced or married? I called the USCIS customer service line, but they told me that i would have to contact the court and ask them. I went ahead and called the court, but they threw me back to USCIS to ask them instead. Since both parties are not sure, I am here asking help. Hopefully, someone can answer my question. Thank you.
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What status to put on my n-400 application
- Thread starter rose1015
- Start date
Hello! I really need help answering this question. I was petitioned in 2003 by my dad who is a U.S. citizen. I've been a green card holder since 2003 and now eligible to apply for naturalization. In 2004 I got married. I filed for divorce in May 2012. Served my ex-husband in June 10, 2012. My divorced papers was signed by the judge in Orange County California last Sept. 14, 2012. But the catch is even though it is signed, it will not take effect on Dec. 11, 2012. Meaning I will not completely be single and able to marry til the effect date. I wanna apply for my naturalization this month, since my resident card will expire on Sept., 2013. Question is, what status do I put on my N-400 application? Do I put divorced or married? I called the USCIS customer service line, but they told me that i would have to contact the court and ask them. I went ahead and called the court, but they threw me back to USCIS to ask them instead. Since both parties are not sure, I am here asking help. Hopefully, someone can answer my question. Thank you.
This is a family law question, and nobody here can give you a competent answer.
You should consult a family law expert lawyer, familiar with the California family law, show that lawyer the exact text of the divorce decree/judge's order/whatever and ask from which date you are considered divorced.
Jackolantern
Registered Users (C)
The interview will be after Dec. 11 by which time you will surely be divorced, so it doesn't really matter what you put for the original status at the time of applying, as long as you give the interviewer the full story so USCIS can decide how to interpret your marital status.
Show the interviewer your divorce decree and explain the situation, and if they want to change the status you originally wrote from divorced to married or vice versa, they can do so. In either case, you'll definitely be divorced when you take the oath, and your marital status when you take the oath is what will matter for your naturalization record. There is no need to pay a family lawyer for this, especially since USCIS might have their own different interpretation anyway and your marital status at the time of filing is largely irrelevant for an application based on the 5-year rule.
Or if you're overly concerned about this, simply wait 2 months and apply after December 11. You've already waited about 4 years since you first became eligible in 2008.
Show the interviewer your divorce decree and explain the situation, and if they want to change the status you originally wrote from divorced to married or vice versa, they can do so. In either case, you'll definitely be divorced when you take the oath, and your marital status when you take the oath is what will matter for your naturalization record. There is no need to pay a family lawyer for this, especially since USCIS might have their own different interpretation anyway and your marital status at the time of filing is largely irrelevant for an application based on the 5-year rule.
Or if you're overly concerned about this, simply wait 2 months and apply after December 11. You've already waited about 4 years since you first became eligible in 2008.
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