Jump to content
mohead

N-400 under 3 year rule; sufficient documentation for proof of ongoing marital union and joint residence

8 posts in this topic

Recommended Posts

Hi All,

 

I'm a December N-400 filer (application sent certified 12/22, signed for 12/28, but still no check cashed or G-1145 notification received...) under the 3 year rule and would appreciate folks' input on whether the evidence I submitted with my N-400 would warrant a RFE. I somewhat rushed the process of putting together my application in order to get it in before the fees changed on 12/23, and am worried that I should have been more thorough.

 

For proof of continuing marital union and joint address, we sent in the following documents:

 

1. (3) most recent joint checking account statements, which display both our names and current joint address (we moved to our new place in July 2016). The earliest of these three statements also shows two transactions with our names in the details (one with my wife's and one with mine on the same statement).

2. (3) joint checking account statements from the same account from 3 years ago displaying both our names and former joint address.

3. (1) most recent joint savings account statement displaying both our names and current joint address.

4. Our current marriage license (married in 2010, neither of us previously married).

5. Current joint lease with both our names and last 4 digits of SSN on them (however, I made a mistake in submitting an earlier version our landlord sent us that my wife had not yet signed, so that it only has my signature and our landlord's signature. We ***DO*** have an updated version with both my and my wife's signatures on it.)

6. Joint prior leases from 2011, 2012, 2013, 2014, and 2015 with both our names and signatures, and landlords' signatures on them.

7. Earnings statement from November 2016 for my wife (she works for a city government agency) showing her name, marital status and our current joint address.

8. My IRS tax transcripts from 2012, 2013, 2014 and 2015, in which we filed Married Filing Jointly in 2012, but Married Filing Separately in 2013-2015.

 

My question is: given that I incorrectly submitted an earlier version of our current joint lease not containing my wife's signature, is this likely to result in an RFE (and introduce processing delays), or would an immigration officer be able to use our bank statements and my wife's earnings statement, and other methods of inquiry (check with USPS, call our landlord, etc.) to determine that we do share a joint address?

 

There is a lot of additional documentation that we can provide in response to an RFE or at the N-400 interview, including:

 

A. Final copy of current joint lease with both our signatures on it.

B. Joint car insurance ID cards.

C. Joint renter's insurance ID card / statements.

D. Proof that my wife is listed as my spouse on my employer sponsored health insurance plan.

E. USPS change of address confirmation for my wife showing our old joint address and current joint address.

F. A utility bill in my name with our current joint address and another utility bill in her name with our current joint address.

G. Letters/envelopes and package labels addressed to us at our current address from friends and family (as well as a ton of junk mail!).

 

but I'm mostly worried about the potential for delays associated with an RFE or other requests.

 

In trying to answer this question for myself, I looked up the most recent USCIC policy memorandum I could find (from 2013) [https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2013/June 2013/Requests for Evidence (Final).pdf] which states on page 2 / section A (my question continues after this excerpt; emphases in the excerpt are mine): 

 

---

In each case, officers must:

  • Understand the specific elements required to demonstrate eligibility for the particular application, petition, or request.
  • Understand the standard of proof that applies to the particular application, petition, or request. In most instances, the individual has the standard of proving eligibility by a preponderance of the evidence. Under that standard, the individual must prove it is more likely than not that each of the required elements has been met.
  • Review all the evidence to determine whether each of the essential elements has been satisfied by the applicable standard of proof. Fraud and national security concerns should be vetted pursuant to FDNS and CARRP protocols.

 

If all the essential elements have been satisfied by the applicable standard of proof, including any additional requirement to establish that the individual warrants a favorable exercise of discretion, the officer shall approve the application, petition, or request without issuance of an RFE. 8 CFR 103.2(b)(8)(i).

 

If the totality of the evidence submitted does not meet the applicable standard of proof, and the adjudicator determines that there is no possibility that additional information or explanation will cure the deficiency, then the adjudicator shall issue a denial.


RFEs.

 

If not all of the required initial evidence has been submitted or the officer determines that the totality of the evidence submitted does not meet the applicable standard of proof, the officer should issue an RFE unless he or she determines there is no possibility that additional evidence available to the individual might cure the deficiency.

---

 

Under these directions, would the incomplete version of the lease weigh against the "preponderance of the evidence" requirement despite the rest of the submitted documentation? I assume the officer is always able to decide for or against the "favorable exercise of discretion" and determine that the "totality of the evidence submitted does not meet the applicable standard of proof" and issue an RFE, but what generally is seen as satisfying the standard?

 

More worryingly, on page 3 / end of section A, there is the following paragraph:

 

---

The issuance of a NOID is also appropriate in the following circumstances:

  • There is little or no evidence submitted (e.g., a “skeletal filing”); or
  • The individual has met the threshold eligibility requirements for the requested benefit or action, but has not established that he or she warrants a favorable exercise of discretion (where there is also a discretionary component to the adjudication). 

---

 

I'm sure ours isn't a "skeletal filing" and we do meet "the threshold eligibility requirements for the requested benefit or action", but I have no idea what warrants (or doesn't) a favorable exercise of discretion in this case, or whether there is a discretionary component to the adjudication here.

 

Has anyone seen not just an RFE, but an NOID issued in response to supporting documentation like ours?

 

Thanks for any input/experiences/thoughts folks are able to share. (Obviously - and as my wife often points out - I'm clearly a worry-wart, but I'd like to anticipate problems that may arise and be prepared to correct them in an important process like this.)

 

Thank you!

 

 

 

Share this post


Link to post
Share on other sites

I really think you sent a lot more than required and that all the other evidence you are prepared to supply at your eventual interview will 'fill in the blanks'.  Someone else will chime in, but I (am a senior) submitted our house deed, recent bank statements showing joint names, joint credit  card proof, 3 yrs of irs joint filing statements, and the required certificates of marriage, birth etc.  I am also a worry -wort.  I think you are fine! I had biometrics on oct. 8 and have my interview for feb. 1... yes, i will bring a shopping bag full of documents because I am a worry-wort.  I really think you're more than fine.  

Share this post


Link to post
Share on other sites

I agree. I believe you sent more than required. I just submitted my husband's N-400 application as well and we haven't received confirmation yet. It  showed that they received his application on January 3rd but the check was not cashed yet and no email or text notification yet. You'll be all right. If they sent you an RFE, then just provide the necessary document. Simple as that. 

Share this post


Link to post
Share on other sites

All we sent was a copy of the green card and of the marriage cert. as evidence. We had our biometrics. No RFE. I'm thinking that we just bring all the other stuff to the interview.

Share this post


Link to post
Share on other sites
2 hours ago, frostiana said:

I really think you sent a lot more than required and that all the other evidence you are prepared to supply at your eventual interview will 'fill in the blanks'.  Someone else will chime in, but I (am a senior) submitted our house deed, recent bank statements showing joint names, joint credit  card proof, 3 yrs of irs joint filing statements, and the required certificates of marriage, birth etc.  I am also a worry -wort.  I think you are fine! I had biometrics on oct. 8 and have my interview for feb. 1... yes, i will bring a shopping bag full of documents because I am a worry-wort.  I really think you're more than fine.  

 

1 hour ago, m.o. said:

I agree. I believe you sent more than required. I just submitted my husband's N-400 application as well and we haven't received confirmation yet. It  showed that they received his application on January 3rd but the check was not cashed yet and no email or text notification yet. You'll be all right. If they sent you an RFE, then just provide the necessary document. Simple as that. 

 

55 minutes ago, FilAmRouge said:

All we sent was a copy of the green card and of the marriage cert. as evidence. We had our biometrics. No RFE. I'm thinking that we just bring all the other stuff to the interview.

 

Thanks frostiana, m.o. and FilAmRouge for your responses! I'm super glad to know that this should be fine. I'll bring everything and the kitchen sink with me to the interview or mail in response to any RFEs :)

 

Glad also for all the support and help on this forum, makes a long and drawn out (but ultimately rewarding) process so much nicer to go through. Best of luck to everyone on their cases!

 

 

Share this post


Link to post
Share on other sites

I'll just echo the others and say you sent plenty more than required. Many members sent only 3 years worth of transcripts, and some not even that, yet no one was denied nor received RFEs. Naturalization is the easiest part in terms of paperwork so you're fine. Your anxiety however is understandable. For even more peace of mind, you're welcome to post or simply track other members' timelines who filed around your time here: 

Good luck!

Share this post


Link to post
Share on other sites
54 minutes ago, CookieCat said:

I'll just echo the others and say you sent plenty more than required. Many members sent only 3 years worth of transcripts, and some not even that, yet no one was denied nor received RFEs. Naturalization is the easiest part in terms of paperwork so you're fine. Your anxiety however is understandable. For even more peace of mind, you're welcome to post or simply track other members' timelines who filed around your time here: 

Good luck!

Thank you CookieCat!

 

Edited by mohead

Share this post


Link to post
Share on other sites
 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -


Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×