N400 first time filing

[daughtry2013 0]

Hello,

I have a US resident since 2007 through marriage to a US Citizen. I am still married but do not live with my wife. we have 2 children but 1 of them is my biological child. i did not get to apply for my N400 in 3 years for different reasons. However, i am ready to file for it now. I am confused about the process. your help will be great.

I have been resident for more than 5 years. Does it mean that my application for n400 will still be considered marriage based? here are some scenarios:

-we don't live in the same household, we filed taxes separately since 2010.

-we didn't file for custody, divorce etc. we help each other however.

-she is still my dependent along both kids. their health insurance is covered by my employer.

My question: when i mail my application, do i have to send information related to my wife, my two kids, her tax return, reason for filing taxes separately etc? i am not violating any laws. We have our issues but we have mutually agreed to take care of the kids, help each other.

Thank you.

[BigDaddy28 228]

Well you will have to apply through the 5 year rule. You don't have to send as many evidence but I think you are going to be asked why are you seperated, not living together... Maybe you won't but I feel like IO will dig a little bit.

[daughtry2013 0]

Thank you very much. i was waiting to hear from someone. There is just emotional reasons as you may imagine. but for our toddler, we have come to many agreements. Should i consider talking to an attorney at all? i don't want to create any suspicion as nothing to hide here. i should have done it long ago, i mean on 3rd anniversary but we had issues so just didn't get around it.

Thanks again.

[BigDaddy28 228]

A lawyer maybe needed but not necessary. Did you pay some kind of financial help to your wife for the kid? Do you have a proof of? I know for sure you will be asked about that. I hope you kept receipts. Its up to you about the lawyer if you feel you need one go ahead get one.

[ScousePete 1]

You are applying based on 5 years residency, so while you will need to enter your wife's information on the N400 form, you do not need to be living with her to qualify. Be honest with all your questions and if the IO asks you about your marriage, tell the truth.