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Questions in regards to application N-400

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Filed: IR-2 Country: Nicaragua
Timeline

I just became eligibale to apply for my naturalization through marriage (3 years). However, a few questions in N-400 throw me off.

Questions like: If the law requires it, are you willing to bear arms on behalf of the US? Are you willing to perform noncombatant services in the US Armed Forces? --- I will have to answer them with No because of my religion. My conscience doesn't allow me to bear weapons of any kind or support the war. With this perpective, will I be able to apply for naturalization if I include a written explanation? Will it be held against me later?

Another question was, if I owe money to the IRS, which I do. I already made a payment plan with them but it will take me a few years to pay my debt off. Will this be a problem?

Another thing. If I apply for the 3 year N-400 through spouse, will it be a problem that we are currently separated? I cannot rule out that we'll get back together later but that's the status right now.

Thank you.

Edited by danda226


 

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I think there are exceptions to the bear arms part, I'm not really sure how it works though. I believe you can write an explanation, I just don't know how they decide if it's ok or not. Please note that in order to become a USC, you have to take this oath.

It doesn't matter how long it will take to pay of the IRS. They just want to see the installment agreement and proof that you are current on payments.

Yes, you will have an issue if you are applying based on marriage to a USC. You must be married and living together in a marital union. If you guys are separated, you should file under the 5 year rule.

Edited by Ian H.

This does not constitute legal advice.

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I actually found this link and it says the oath can be modified due to religious beliefs, refer to page 38, part 5.

http://www.uscis.gov/sites/default/files/files/article/chapter5.pdf


This does not constitute legal advice.

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Filed: Citizen (apr) Country: Argentina
Timeline

hi

you cannot file under the 3 year rule if you are separated. you will need to prove at the interview that you have a bonafide marriage, living under the same roof, co mingling finances, filing taxes jointly, have joint bank accounts, pictures together, car insurance, lease of apartment if you are renting

more or less what you sent for the first time and for removing conditions if you had the 2 year GC

you will need to file under the 5 year rule

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Filed: IR-2 Country: Nicaragua
Timeline

Thank you so much.

Ian, the pdf helped a lot.

I'm also OK with filing under the 5 year rule. I have my 10 year GC now. And like I said, our circumstances might change and we'll be together again.



 

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Filed: Citizen (apr) Country: Egypt
Timeline

I just became eligibale to apply for my naturalization through marriage (3 years). However, a few questions in N-400 throw me off.

Questions like: If the law requires it, are you willing to bear arms on behalf of the US? Are you willing to perform noncombatant services in the US Armed Forces? --- I will have to answer them with No because of my religion. My conscience doesn't allow me to bear weapons of any kind or support the war. With this perpective, will I be able to apply for naturalization if I include a written explanation? Will it be held against me later?

Another question was, if I owe money to the IRS, which I do. I already made a payment plan with them but it will take me a few years to pay my debt off. Will this be a problem?

Another thing. If I apply for the 3 year N-400 through spouse, will it be a problem that we are currently separated? I cannot rule out that we'll get back together later but that's the status right now.

Thank you.

As others have said, you'll need to wait until you've been a permanent resident for 5 years before you can apply because of your separation from your spouse.

---

As long as you can show that you have a payment agreement with the IRS and that you are working towards repaying the government, then you should be OK.

---

I'm going to just copy an answer I gave someone a few months ago about modified oaths. I hope this helps.

USCIS allows you to take an oath that has been modified in a few ways.
-If don't want to "swear" then you can "affirm" the oath. Some people choose not to swear because of their religious beliefs or because of their lack of belief.
-If you want to leave out the "so help me God" part at the end, you can, for the same reasons.
-If you want to decline to bear arms or to preform noncombatant military service, you can leave this part out of the oath. However, you can't leave out the part about performing civilian tasks.
To do the first two, you just need to request a modified oath at your interview. To do the third one, USCIS says you need to get a letter from your religious organization. However, a lady from England recently sued USCIS because as an atheist, she couldn't get a letter from a religious organization. They refused to naturalize her for two years, but the Supreme Court ruled in her favor and she took her modified oath earlier this year. I don't know if this means that the requirement to submit a letter is now gone.
Here's the info:

For a review of each step of my N-400 naturalization process, from application to oath ceremony, please click here.

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