Received greencard through marriage to a US citizen, We divorced after 4 years of marriage. I am now a resident for 5 years and will file for my citizenship. Do I need to attached my divorce papers with my N-400? Thank you.
No, you don't need to attach your divorce papers with your N400 when you submit it.
However, the USCIS officers have the authority to review your divorce judgment when making a decision about your citizenship at your citizenship interview so it is important to bring the divorce judgment with you to the interivew. If you don't have it now, and assuming you were divorced in the United States, it is easy to get another copy of the divorce judgment from the court in time for your interview.
Kind regards, Danielle Nelisse
USCIS may need it to determine if you were ordered to pay child support and verify that you comply.
You do not need to submit at time of filing, but bring the certified copy and an additional copy (in case Officer wants one) with you to the interview. If you filed taxes with your ex-spouse for the 4 years you were together, I would also take those with you to the interview, just in case you get a difficult Officer who asks questions. Even though you are not qualifying bsaed on marriage, it is a good idea to have the taxes to show the marriage was real, just in case. Each officer has their own procedures, and so it is good to always be prepared when dealing with immigration Officers. The proof of joint taxes is optional, of course.
Lena Korial-Yonan, Esq.
Lena Korial-Yonan, P.A.
9425 Craven Road, Suite # 5
It certainly doesn't hurt to include it with the N-400 filing or alternatively bring the certified copy to your naturalization interview. Make it clear in your submtital that you are filing based on the five year rule and not the three year rule. If divorced shortly after your green card was approved, the issue of your good faith marriage may also be discussed at the interview in conjunction with your good moral character. Child support proof of payments is also a standard inquiry where applicable so submit this evidence with your N-400 and bring to your interview.
Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277
Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law