Do you need divorce documents?

Yes, applicants who have been divorced must bring divorce documents to the naturalization interview to establish that any prior marriages have been legally terminated. The required document is a certified copy of the final divorce decree (sometimes called a judgment of divorce, dissolution of marriage, or final order) issued by the court that granted the divorce, showing the date the divorce became final and bearing the seal or certification of the court clerk. For applicants whose prior marriage was annulled rather than divorced, USCIS accepts a certified copy of the annulment decree. For applicants whose prior marriage ended through the death of the spouse, USCIS accepts a certified copy of the death certificate. Foreign-language divorce decrees, annulment decrees, and death certificates must be accompanied by complete certified English translations.

The document is required for several reasons. First, it establishes that the applicant's current marriage (if any) is legally valid, which is especially important for applicants applying as the spouse of a U.S. citizen under section 319(a) of the Immigration and Nationality Act, where USCIS must confirm that the spouse's prior marriages have been legally terminated as well. Second, it allows USCIS to verify that the timing of the divorce did not break the spouse's eligibility (for example, if the U.S. citizen spouse was not yet divorced from a previous spouse when the current marriage took place, the current marriage may be invalid). Third, the divorce record is part of the applicant's biographical history and must be reflected accurately on Form N-400.

The form asks for the date of marriage and the date of divorce or termination of every prior marriage, the name of every prior spouse, and the country in which the divorce was granted. If the applicant or the applicant's spouse obtained a divorce abroad, USCIS may also need to verify that the foreign divorce is recognized in the applicant's current state of residence; some U.S. states do not recognize divorces obtained quickly in jurisdictions with minimal residency requirements. The USCIS officer reviews divorce records at the interview and may ask follow-up questions about the timing and circumstances of prior marriages.