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Jen Marie, Esq.
Jen Marie, Esq., Immigration Attorney
Category: Immigration Law
Satisfied Customers: 5079
Experience:  She has worked on all types of U.S. Immigration cases since 2007.
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I have a question. I'm getting ready to send in my n400 form

Customer Question

Hello.. I have a question. I'm getting ready to send in my n400 form but I'm a bit confused.
I got married when I was really young in my country many years ago early 2000. The marriage didn't last a good year, I never filed for a devorce and I don't intend on filing for him(informal separation) to enter the us to be honest I don't even know where he is.
So my problem with section 9 on the 2015 form asking if married, single, separated, devorced or widowed I'm not sure how to go about it because I know nothing of him now as it has been so many years what do I put?as far as I'm concerned I'm "single" but don't know how to file with immigration because I have no intent to file for him so I don't know how to state this. Please help.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Jen Marie, Esq. replied 2 years ago.

Hello, my name is ***** ***** I will be the immigration attorney helping you today.

Unfortunately if you were legally married in another country and never divorced, then that marriage is considered legal still in the US and you must disclose it on the N-400. Even though it happened in another country, you do not want to like about it and not include it because if USCIS ever found out, it would be considered that you were lying if you do not mention it on the application. Just put whatever information you do know about your husband. Whatever you don't know, you can write "don't know" or "don't remember."

For your information, if later you would like to divorce your husband, you can do so without knowing where your husband is. You need to get a divorce family attorney to help you with it but it can definitely be done and it will be legal even if you can't find him.

Good luck to you during this process and I hope this answer has helped you!

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Customer: replied 2 years ago.
I am aware that it is still legal here. So do I provide a marriage certificate or just write what I can remember?
Customer: replied 2 years ago.
Because the 2015 forms are different from the previous ones about marriage. It's no longer part 7 and also I'm in nyc I don't know if that adds to anything.
Expert:  Jen Marie, Esq. replied 2 years ago.

You should choose "separated" for Part 9, Question 1 and then You just write what you can remember.

If you send in the application once you are divorced, then you provide the divorce judgment as well. Otherwise, no you don't have to send the marriage certificate.

Hope that helps to clarify.

Please remember kindly that I do not receive a salary from the website. I only receive any credit when you rate me. You are not charged again when you rate me.


Customer: replied 2 years ago.
Ok now I'm confused, first you stated apply as married, now you're saying I should check separated though I'm not legally separated. How would I attempt to clarify this if this should get me in deeper problem as they may view it as a lie as I'm not my law legally separated in my country?
Expert:  Jen Marie, Esq. replied 2 years ago.

I apologize. That was typo. You should choose married and explain to the officer that you do not know the whereabouts of your husband. You could legally choose separated, because you are even if it's not a legal separation but for clarity in your case I suggest that you choose "married' and just explain the situation to the officer.

Expert:  Jen Marie, Esq. replied 2 years ago.

Hello again... I'm just checking in on this question as well. I see that you were able to read it and asked a new question. Were you satisfied with the answer? How can I earn your positive rating on both questions?