N400, apply after 5 years of GC, married to ex who previously married a U.S. citizen

[cryptodactyl]

Hi,

I am applying after having had my Green Card for 5 years and I would like to know if this is still considered "applying through marriage".

Getting my Green Card was a difficult process because:

1) I divorced my current husband after he moved to the United States in the 90s.

2) My current husband married someone and became a U.S. citizen.

3) My current husband divorced the U.S. citizen woman

4) Our son moved to the United States when he turned 18 and I followed him and reconnected with my current husband.

5) I re-married my current husband and I have been a green card holder for the last 6 years


It sounds like a unique case, so I want to fill N-400 to the best of my ability, so my questions are:

1) Would my application still be considered as an "applying through marriage" process where I need to add pretty much the same documents as I did when getting my GC to prove that my marriage is bona fide ?

2) Do I still need to add additional documentation for my current spouse's marital history, such as his divorce with his ex-spouse ? If so, do I add this on a separate piece of paper?

3) Documentation. I read through the documents checklist, but I have seen people saying that they also added photos with the spouse, proof of tax records, joint bank accounts, etc. Would I still need to add such documentation ?

I guess my confusion is how different is applying after 5 years of being a permanent resident as opposed to applying through a marriage with a U.S. citizen.

Thank you, any help is appreciated!

[N400questions]

Q1:
If you have held a green card for 5 years then your marital status is unimportant and you can apply for Naturalization based purely on that basis.
So your answer to question 1 is that you would NOT be "applying through marriage"
However, USCIS sometimes look into the past to make sure that the initial green card was obtained lawfully without fraud or being based on a false marriage.

Q2:
Answer all questions on the N400 related to your spouse and follow the N400 instructions

Q3:
The required documents for the N400 application are explained in the N400 instructions. They are minimal.
However, when you go to the interview, it will be useful to have lots of extra documentation even though they are not needed to be submitted with the initial application.
Photos are only necessary for applications from outside the country. USCIS take photographs via biometrics and possibly at the interview.
5 years of tax records showing that you do NOT owe any taxes are always useful to have in the interview but not with the application itself.
The documents showing joint bank accounts etc will only be relevant if USCIS begin to question the validity of the initial green card. It can't hurt to have them available in the interview but they are not typically necessary. The Interviewer may request additional documents via a RFE (request for evidence) after the interview to cover any issues or concerns they may have.

To answer your final sentence... applying as an individual after 5 years is theoretically much easier than applying as a married person after 3 years.

[Mike E]

Q1:
If you have held a green card for 5 years then your marital status is unimportant

As one who was divorced before naturalizing, I can attest this is false.

I applied after I divorced after a 30 year marriage to a USC, who was my petitioner.

And I had to satisfy the IO at my naturalization interview that the marriage was bonafide. Birth certificates of my children from that marriage were all the proof he needed.