QUESTION
Can I not file for N-400 until I'm officially divorced?
Asked on Jun 29th, 2013 on Immigration - California
More details to this question:
I am nearing the 5 year mark and would like to apply within the 90 day window available to me to submit my application. The only problem I have is that I do not know the answer to : "Date your spouse became a U.S. citizen". My spouse and I separated and sharing custody of our children. My spouse has refused to help me in any way.
7 ANSWERS
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Just say"unknown".
Answered on Jul 03rd, 2013 at 3:02 AM
Adebola O. Asekun
If you do not know the answer to a question. Just say No.and I don't believe your answer to that question will necessarily affect your N-400 application one way or the other. If your husband became a US citizen by naturalization, more likely than not, the information should be available to CIS by other means.
Answered on Jul 02nd, 2013 at 12:23 PM
Immigration Attorney serving Van Nuys, CA
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Law Offices of Hussain & Gutierrez
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You do not have to wait till your divorce is final to file the N-400. To the question of when your spouse became a citizen you can say "unknown".
Answered on Jul 02nd, 2013 at 12:23 PM
If you are filing N-400 on the basis of being a LPR for 5 years, there is nothing that your spouse needs to really help you with. If you don't know that date to fill in, just leave it blank and provide an explanation on a separate sheet of paper.
Answered on Jul 02nd, 2013 at 9:41 AM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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It's not necessary for you to wait until your divorce is finalized; you can submit it as soon as it is convenient for you. If you don't know the answers to all the questions, you should leave it blank.
Answered on Jul 02nd, 2013 at 9:38 AM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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You can leave that blank. Not a very important piece of information for your N-400 anyways. USCIS will have a copy of his naturalization certificate from the original filing anyways. And you can file even before the divorce is finalized. Doesn't matter one way or another.
Answered on Jul 02nd, 2013 at 9:35 AM
You do not need your spouse if you apply based on 5-year residence.
Answered on Jul 02nd, 2013 at 9:18 AM