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 ...
POST NEW QUESTION |
|
|
Thread Tools | Search this Thread | Rate Thread | Display Modes |
|
|
#1 |
|
Guest
Posts: n/a
|
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! |
|
|
|
#2 |
|
Guest
Posts: n/a
|
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. |
|
|
|
#3 |
|
Guest
Posts: n/a
|
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.
Reinherz & Reinherz Your New Jersey & Philadelphia Divorce, Bankruptcy, and Immigration Law Firm There are three questions you should ask before hiring a lawyer for your divorce, bankruptcy, or immigration case:
To learn how we can help you, contact us for a free consultation today. New Jersey - Philadelphia Bankruptcy Lawyer & Divorce Attorney |
|
|
|
#4 |
|
Guest
Posts: n/a
|
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?
|
|
![]() |
| Bookmark & Share |
| Tags |
| divorce, n400, section 316 |
This thread has 3 replies and has been viewed 2665 times
| Thread Tools | Search this Thread |
| Display Modes | Rate This Thread |
|
|
|
||||
| Thread | Thread Starter | Forum | Replies | Last Post |
| Proof of Divorce -- Its recognition in Canadian embassy | copernicus | Divorce, Separation, Annulment | 1 | Feb 21st, 2011 11:05 AM |
| How to file for divorce based on adultery in SC | Unregistered | Divorce, Separation, Annulment | 1 | May 3rd, 2010 08:18 PM |
| N400 and Divorce | Unregistered | Naturalization & Citizenship | 2 | Apr 10th, 2010 12:45 AM |
| Denied Naturalization section: 316(A) Now what do I do ? | bbabyever | Naturalization & Citizenship | 1 | Nov 5th, 2009 11:15 AM |
| Clarify wording of child support section of divorce decree | momofthree | Child Custody & Support | 1 | Jul 17th, 2007 12:15 PM |
All times are GMT -5. The time now is 12:05 PM.










Linear Mode

