Proof of divorce for N400 under section 316 (5 year based)

This is a discussion on Proof of divorce for N400 under section 316 (5 year based) within the Naturalization & Citizenship forum, part of the Other Immigration Law & Visas category; About a little over 5 years ago when I was on H1B visa, I got married to an Indian woman ...

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Old Nov 10th, 2009, 04:01 PM   #1
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Default Proof of divorce for N400 under section 316 (5 year based)

About a little over 5 years ago when I was on H1B visa, I got married to an Indian woman as per the muslim religious marrige customs. We both are muslims and Indian citizens.

After marriage, I brought her into US on a H4 dependent visa by using the "marriage certificate" issued by the religious institution which is legal in India and accepted by the American Embassy as well.

After staying for a few weeks only in US she went back to India with an intent to not to come back to US because she wanted to stay in India close to her parents only.

I became a US Permanent Resident a couple of months after she left.

After that, I waited for about a year and then I divorced her as per the "muslim sharia act" of India. At the time she was a domicile of India for about a year. I have received a "certification of divorce" from the "religious institution" which is legal in India.

I had also informed the US Embassy in India and the USCIS then about this divorce by sending a letter to them.

In the meantime, I have also filed for the "Civil Registration of Muslim Sharia Divorce" in a civil court in India. It may take about 6-12 more months from now for the civil court to issue the "Civil Divorce Decree" document. During this time the civil court is serving the divorce notice to her and completing the other processes.

The "Civil Registration of Muslim Sharia Divorce" is not required in India, I did this just to get a Civil proof of divorce just in case.

I want to apply for the Naturalization (N400) now based on the 5 years residency criteria under section 316.

I have to send the "proof of termination of marriage" along with the N400 application.

My question is:

Would USCIS accept the divorce certificate issued by the religious institution or I will have to wait for the civil registration of divorce and then send the civil divorce document along with the N400 application?

Since, I am applying under section 316 (5 year based), I don't think USCIS should raise any objection to religious divorce certificate?

I would appeciate if someone can share the veiws in this regard. Thanks!
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Old Nov 11th, 2009, 10:06 AM   #2
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Default Re: Proof of divorce for N400 under section 316 (5 year based)

If it makes you validly divorced in the country where you reside they normally will accept it.

You can get a formal legal opinion and present it as well if the issue is subject to some argument given your details.
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Old Mar 27th, 2011, 11:59 AM   #3
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Default Re: Proof of divorce for N400 under section 316 (5 year based)

A couple of years later now but if this has not been resolved you need to contact an attorney that has both immigration and divorce law exp.

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Old Aug 19th, 2011, 08:44 AM   #4
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Default Re: Proof of divorce for N400 under section 316 (5 year based)

I too have a similar problem. Please let me know what happened in your case? Whether the proof of divorce from religious institution in India was accepted by USCIS?
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