Questions about N400 filling under 3yr marriage rule

[bahamamama234 25]

Hello Everyone!

 

I submitted the application to remove conditions on my 2 year conditional GC (i751) on NOV 2016.

 

Since biometrics no updates..

 

The N-400 window opens NOV 2017 under the 3yr rule since I am still married to my US born spouse.

 

I have a couple question and would be grateful if you help me answer:

 

Regarding general questions:

1- Am I really allowed to submit for n400 while i751 still pending?

2-Can I file for n400 online? I checked and only saw options of file online for travel doc or I90. Is it recommended to do online or paper, safer and faster which option?

3-I have not started studying civics 100 questions yet, should I?

4- Will the fact me and spouse have been under medical for 3 years even tho I never used it, affect anything?

If they ask, do I tell them I been under it with my US spouse because he needed care but I never used it?

I am not providing any health coverage paperwork tho...

5- Will the fact i took unemployment for a total of 3 months affect anything? I am currently employed.

6- 1 month trip outside of US is not an issue correct?

7- Can I provide the 3year IRS transcript for joint taxes instead of 1 for each year?

8-Would any questions arise about the fact I entered us with b2 tourist visa? (I had 0 intents to get married or stayed, it just happened, I always planned to live in my home country as my family was wealthy there, but meeting my current spouse changed my course and I decided to live here for him, even tho now I have to work and be an adult lol.)

9- I got an ESA letter for our dog (emotional support so he can live with us in a no pet apartment policy) under anxiety claims, it was done online with an online therapist, would that affect anything?

 

 

 

Now questions about the actual documentation:

 

1- Do we have to submit all documentation since marriage ? Does that means repeating documentation already submitted with I765? 

It makes more sense to me just submit from nov 2016 to current date, since USCIS has all our documentation from 2015 to 2016 already...

 

2- Is quarterly joint bank statements enough for a year, or should I provide like for 8 months out of a year at least?

 

 

We will be providing :

 

1- Copy of marriage certificate

2- US spouse birth certificate to prove his citizenship since born.

(We both have no prior marriages, Thank God, that makes the application easier.)

3- Joint checking/savings statements.

4- Joint electricity/internet bills (Still deciding if for every month of 2017 only, or if we throw in some from prior years also)

5-Joint rent receipts since 2014.

6- Joint Lease

7- Pictures with friends and family (Do we have to, is it recommended?)

8-Invoices/Mail/bills from either my name or spouse's name addressed to our same address , some for 2017, some for 16,15.

9-Invitations for marriages/holidays letters sent to us from friends

10- Copy of itinerary of airplane trips taken together

11-Joint IRS transcripts for 2017,16,15, or just the 3 year resume from IRS of those years.

12-Pay stubs showing each other as emergency contact and same address on it.

13- Consular brazilian marriage certificate showing that we legalized marriage in Brasil in 2017 through consulate so we married there also.

 

 

Any comments or suggestions? Thank you God bless!

 

Thank you guys!!!!!!!

 

 

 

[mcdull 474]

Pheeeeeeew.   Yes you can file n400 with a pending i751. 

 

I will let others answer the rest

[Dashinka 23,189]

1 hour ago, bahamamama234 said:

Hello Everyone!

 

I submitted the application to remove conditions on my 2 year conditional GC (i751) on NOV 2016.

 

Since biometrics no updates..

 

The N-400 window opens NOV 2017 under the 3yr rule since I am still married to my US born spouse.

 

I have a couple question and would be grateful if you help me answer:

 

Regarding general questions:

1- Am I really allowed to submit for n400 while i751 still pending?  Yes

2-Can I file for n400 online? I checked and only saw options of file online for travel doc or I90. Is it recommended to do online or paper, safer and faster which option?  No idea

3-I have not started studying civics 100 questions yet, should I?  Sure, study away, there are a lot of online practice tests.

4- Will the fact me and spouse have been under medical for 3 years even tho I never used it, affect anything?  I don't think so

If they ask, do I tell them I been under it with my US spouse because he needed care but I never used it?

I am not providing any health coverage paperwork tho...

5- Will the fact i took unemployment for a total of 3 months affect anything? I am currently employed.  I don't think so

6- 1 month trip outside of US is not an issue correct?  Nope

7- Can I provide the 3year IRS transcript for joint taxes instead of 1 for each year?  No idea

8-Would any questions arise about the fact I entered us with b2 tourist visa? (I had 0 intents to get married or stayed, it just happened, I always planned to live in my home country as my family was wealthy there, but meeting my current spouse changed my course and I decided to live here for him, even tho now I have to work and be an adult lol.)  Who knows

9- I got an ESA letter for our dog (emotional support so he can live with us in a no pet apartment policy) under anxiety claims, it was done online with an online therapist, would that affect anything?  I doubt it

 

1 hour ago, bahamamama234 said:

 

 

 

Now questions about the actual documentation:

 

1- Do we have to submit all documentation since marriage ? Does that means repeating documentation already submitted with I765? 

It makes more sense to me just submit from nov 2016 to current date, since USCIS has all our documentation from 2015 to 2016 already...

 

2- Is quarterly joint bank statements enough for a year, or should I provide like for 8 months out of a year at least?

 

 

We will be providing :

 

1- Copy of marriage certificate

2- US spouse birth certificate to prove his citizenship since born.

(We both have no prior marriages, Thank God, that makes the application easier.)

3- Joint checking/savings statements.

4- Joint electricity/internet bills (Still deciding if for every month of 2017 only, or if we throw in some from prior years also)

5-Joint rent receipts since 2014.

6- Joint Lease

7- Pictures with friends and family (Do we have to, is it recommended?)

8-Invoices/Mail/bills from either my name or spouse's name addressed to our same address , some for 2017, some for 16,15.

9-Invitations for marriages/holidays letters sent to us from friends

10- Copy of itinerary of airplane trips taken together

11-Joint IRS transcripts for 2017,16,15, or just the 3 year resume from IRS of those years.

12-Pay stubs showing each other as emergency contact and same address on it.

13- Consular brazilian marriage certificate showing that we legalized marriage in Brasil in 2017 through consulate so we married there also.

I may be wrong, but I don't think the N400 requires this much "evidence" of a comingled marriage.

 

1 hour ago, bahamamama234 said:

 

 

Any comments or suggestions? Thank you God bless!

 

Thank you guys!!!!!!!

 

 

 

Good Luck!

[Going through 5,668]

2 hours ago, bahamamama234 said:

1- Am I really allowed to submit for n400 while i751 still pending?

Yes

 

2 hours ago, bahamamama234 said:

2-Can I file for n400 online? I checked and only saw options of file online for travel doc or I90. Is it recommended to do online or paper, safer and faster which option?

Yes you can file the N400 online if you are eligible to do so.  See here for instructions on how to file online: https://my.uscis.gov/exploremyoptions/us_citizen_through_naturalization#benefit-related-content-2  I filed my N400 online, and for me it was beneficial and has so far been a very quick process from filing in July to getting an interview scheduled in September (you can see my timeline in my signature).  Whether it's better or not, I would suggest you do your own research on the possible pros and cons of filing online before making your decision---reading other threads here on VJ helped me decide to go with online filing.  Both ways are "safe", however.  The online filing does have a slight edge in "safety" when it comes to worrying about applications getting lost in the mail, however.

 

2 hours ago, bahamamama234 said:

3-I have not started studying civics 100 questions yet, should I?

If you haven't even filed the application yet, might be a bit soon to begin cramming for the test   However it's good to become familiar with it for memory retention purposes.

 

2 hours ago, bahamamama234 said:

4- Will the fact me and spouse have been under medical for 3 years even tho I never used it, affect anything?

If they ask, do I tell them I been under it with my US spouse because he needed care but I never used it?

It won't affect anything, no.  They won't ask about whether you've ever used it or not.

 

2 hours ago, bahamamama234 said:

6- 1 month trip outside of US is not an issue correct?

So long as trips outside the US are no longer than 6 months, and your total time spent in the US in any given year is longer than your time spent outside, it does not become an issue.

 

2 hours ago, bahamamama234 said:

Can I provide the 3year IRS transcript for joint taxes instead of 1 for each year?

1 for each year in terms of ease of reading/viewing purposes.  Each transcript is only a couple of pages long, so it won't weigh down your postage or be long to upload (if filing online) if that is your concern.

 

2 hours ago, bahamamama234 said:

8-Would any questions arise about the fact I entered us with b2 tourist visa? (I had 0 intents to get married or stayed, it just happened, I always planned to live in my home country as my family was wealthy there, but meeting my current spouse changed my course and I decided to live here for him, even tho now I have to work and be an adult lol.)

No.  Intent is determined at POE when you crossed the border.  The only way they would question you about this, is if they began to determine that you received your GC fraudulently...considering you already passed your AOS, and proved your bonafide marriage/relationship you have very little to worry about in this aspect and the most you may get at the N400 interview is the question of "how did you meet your spouse/how did you obtain your initial greencard"? Don't worry about this part of your application too much.  The IO interviewing your for the N400 will have your entire immigration file infront of them so they will already know this information beforehand, anyway.  

 

2 hours ago, bahamamama234 said:

9- I got an ESA letter for our dog (emotional support so he can live with us in a no pet apartment policy) under anxiety claims, it was done online with an online therapist, would that affect anything?

I'm not sure why you think this would affect your application for citizenship in any way....but, no, it doesn't affect anything.

 

2 hours ago, bahamamama234 said:

1- Do we have to submit all documentation since marriage ? Does that means repeating documentation already submitted with I765?

In some cases, yes.  The i-765 and N400 are two different applications sent to two different departments, and should be treated as such.

You are required to submit evidence pertaining to the previous 3 years since you are applying under the 3-year marriage eligibility.  In terms of any arrest/convictions, you are required to submit anything covering your entire life no matter what country it occurred in.

 

2 hours ago, bahamamama234 said:

2- Is quarterly joint bank statements enough for a year, or should I provide like for 8 months out of a year at least?

Quarterly is fine.

Edited September 21, 2017 by Going through

[Holt 73]

^. Great ! You should at least get a thumb up for an effort you have made.

[bahamamama234 25]

21 hours ago, Going through said:

Yes

 

Yes you can file the N400 online if you are eligible to do so.  See here for instructions on how to file online: https://my.uscis.gov/exploremyoptions/us_citizen_through_naturalization#benefit-related-content-2  I filed my N400 online, and for me it was beneficial and has so far been a very quick process from filing in July to getting an interview scheduled in September (you can see my timeline in my signature).  Whether it's better or not, I would suggest you do your own research on the possible pros and cons of filing online before making your decision---reading other threads here on VJ helped me decide to go with online filing.  Both ways are "safe", however.  The online filing does have a slight edge in "safety" when it comes to worrying about applications getting lost in the mail, however.

 

If you haven't even filed the application yet, might be a bit soon to begin cramming for the test   However it's good to become familiar with it for memory retention purposes.

 

It won't affect anything, no.  They won't ask about whether you've ever used it or not.

 

So long as trips outside the US are no longer than 6 months, and your total time spent in the US in any given year is longer than your time spent outside, it does not become an issue.

 

1 for each year in terms of ease of reading/viewing purposes.  Each transcript is only a couple of pages long, so it won't weigh down your postage or be long to upload (if filing online) if that is your concern.

 

No.  Intent is determined at POE when you crossed the border.  The only way they would question you about this, is if they began to determine that you received your GC fraudulently...considering you already passed your AOS, and proved your bonafide marriage/relationship you have very little to worry about in this aspect and the most you may get at the N400 interview is the question of "how did you meet your spouse/how did you obtain your initial greencard"? Don't worry about this part of your application too much.  The IO interviewing your for the N400 will have your entire immigration file infront of them so they will already know this information beforehand, anyway.  

 

I'm not sure why you think this would affect your application for citizenship in any way....but, no, it doesn't affect anything.

 

In some cases, yes.  The i-765 and N400 are two different applications sent to two different departments, and should be treated as such.

You are required to submit evidence pertaining to the previous 3 years since you are applying under the 3-year marriage eligibility.  In terms of any arrest/convictions, you are required to submit anything covering your entire life no matter what country it occurred in.

 

Quarterly is fine.

Thank you SO SO MUCH! I really appreciate it you are an angel!

 

I see your N400 interview is coming soon, I wish you THE BEST OF LUCK!

23 hours ago, mcdull said:

Pheeeeeeew.   Yes you can file n400 with a pending i751. 

 

I will let others answer the rest

haha! This made me laugh lol I don't blame you but thanks

[bahamamama234 25]

23 hours ago, Bill & Katya said:

 

I may be wrong, but I don't think the N400 requires this much "evidence" of a comingled marriage.

 

Good Luck!

Thank you!!!

[bahamamama234 25]

22 hours ago, Going through said:

Yes

 

Yes you can file the N400 online if you are eligible to do so.  See here for instructions on how to file online: https://my.uscis.gov/exploremyoptions/us_citizen_through_naturalization#benefit-related-content-2  I filed my N400 online, and for me it was beneficial and has so far been a very quick process from filing in July to getting an interview scheduled in September (you can see my timeline in my signature).  Whether it's better or not, I would suggest you do your own research on the possible pros and cons of filing online before making your decision---reading other threads here on VJ helped me decide to go with online filing.  Both ways are "safe", however.  The online filing does have a slight edge in "safety" when it comes to worrying about applications getting lost in the mail, however.

 

If you haven't even filed the application yet, might be a bit soon to begin cramming for the test   However it's good to become familiar with it for memory retention purposes.

 

It won't affect anything, no.  They won't ask about whether you've ever used it or not.

 

So long as trips outside the US are no longer than 6 months, and your total time spent in the US in any given year is longer than your time spent outside, it does not become an issue.

 

1 for each year in terms of ease of reading/viewing purposes.  Each transcript is only a couple of pages long, so it won't weigh down your postage or be long to upload (if filing online) if that is your concern.

 

No.  Intent is determined at POE when you crossed the border.  The only way they would question you about this, is if they began to determine that you received your GC fraudulently...considering you already passed your AOS, and proved your bonafide marriage/relationship you have very little to worry about in this aspect and the most you may get at the N400 interview is the question of "how did you meet your spouse/how did you obtain your initial greencard"? Don't worry about this part of your application too much.  The IO interviewing your for the N400 will have your entire immigration file infront of them so they will already know this information beforehand, anyway.  

 

I'm not sure why you think this would affect your application for citizenship in any way....but, no, it doesn't affect anything.

 

In some cases, yes.  The i-765 and N400 are two different applications sent to two different departments, and should be treated as such.

You are required to submit evidence pertaining to the previous 3 years since you are applying under the 3-year marriage eligibility.  In terms of any arrest/convictions, you are required to submit anything covering your entire life no matter what country it occurred in.

 

Quarterly is fine.

 

 

Just some follow up questions about the online application if you don't mind...

 

 I did the little eligibility test online and said  : ''You may not be eligible to apply for naturalization at this time''

But I got the first GC at february 2015 so I am assuming I should be able to filed in november 2017 because it is the 90 day window to feb 2018 ...

 

I disregarded that and went forward to ''continue to application'' and it actually let me go to the ''start application'' page

 

So I actually started filling the first questions of the application already, I am assuming if I log out they will be saved right?

Should I just submit once the 90 day window opens or a bit after?

 

***Also, how did you upload the documentation? Did you scan the documents? and when it comes down to most documents/bills/green card copy, did you upload in pdf?

 

Thank you again God bless

[Going through 5,668]

26 minutes ago, bahamamama234 said:

I did the little eligibility test online and said  : ''You may not be eligible to apply for naturalization at this time''

But I got the first GC at february 2015 so I am assuming I should be able to filed in november 2017 because it is the 90 day window to feb 2018 ...

 

I disregarded that and went forward to ''continue to application'' and it actually let me go to the ''start application'' page

 

So I actually started filling the first questions of the application already, I am assuming if I log out they will be saved right?

Should I just submit once the 90 day window opens or a bit after?

 

***Also, how did you upload the documentation? Did you scan the documents? and when it comes down to most documents/bills/green card copy, did you upload in pdf?

They will be saved when you log out, yes.  Submit the application once your window opens.  If you do it too soon they will carry you forward throughout the entire process right up to the interview where you will be denied based upon filing too early (it has happened to others around here, even to a woman because she filed one DAY too early.)  So make sure you are submitting the application when you are eligible to do so.

 

Scan your documents into PDF or JPEG (they accept a few other forms of uploading, can't remember all of them).  I opted to scan my forms in PDF, a few of them in JPEG because that's how I'd saved them to my computer originally.  I filed under the 5-year rule so didn't have to submit my taxes with my application (I will be bringing them to my interview, however).

 

When you are getting to the end of the online application, it will prompt you on which documents you need to upload before submitting based on how you filled it out.  Anything extra you want to send as evidence, upload it in the "Additional Evidence" section.

[bahamamama234 25]

On 9/22/2017 at 3:18 AM, Going through said:

They will be saved when you log out, yes.  Submit the application once your window opens.  If you do it too soon they will carry you forward throughout the entire process right up to the interview where you will be denied based upon filing too early (it has happened to others around here, even to a woman because she filed one DAY too early.)  So make sure you are submitting the application when you are eligible to do so.

 

Scan your documents into PDF or JPEG (they accept a few other forms of uploading, can't remember all of them).  I opted to scan my forms in PDF, a few of them in JPEG because that's how I'd saved them to my computer originally.  I filed under the 5-year rule so didn't have to submit my taxes with my application (I will be bringing them to my interview, however).

 

When you are getting to the end of the online application, it will prompt you on which documents you need to upload before submitting based on how you filled it out.  Anything extra you want to send as evidence, upload it in the "Additional Evidence" section.

Perfect reply! Thank you very much

 

So is ok if I already start filling the application right? As long as I just press submit once is the correct date of 90 day window?

 

Thanks (:

[Going through 5,668]

On 9/28/2017 at 5:59 AM, bahamamama234 said:

Perfect reply! Thank you very much

 

So is ok if I already start filling the application right? As long as I just press submit once is the correct date of 90 day window?

 

Thanks (:

Yes.

[Bebe1 78]

On 9/29/2017 at 6:40 AM, Going through said:

Yes.

Hello, 

 

While on this topic, i have a friend who was approved (ROC) a couple months ago. She was separated w/her spouse for a short period of time, and now they have worked things out and she's moving back w/her spouse this month. She wanted to know if she can file for the n-400 under the 3year rule but was confused because of the short period of separation. 

 

I am of the opinion that she shouldn't, as they count for continuous residence with spouse for that 3 years and she is short some months due to the period of separation (marital issues). I know there is no straight answer to this especially since if she applies for n-400, the officer will ask for the gap in her residence and review her file based on that. depending on who she gets, that may be a no no or yes maybe, we will approve pending further investigation.

 

Not sure what other vj'ers think and wanted to throw the question out there in case anyone had an input.

 

Should she file under the 3 year rule or wait to file under the 5 year rule. What does everyone think?

[Bebe1 78]

20 minutes ago, Bebe1 said:

Hello, 

 

While on this topic, i have a friend who was approved (ROC) a couple months ago. She was separated (physically separated, no legal separation) w/her spouse for a short period of time (marital issues), and now they have worked things out and she's moving back w/her spouse this month. She wanted to know if she can file for the n-400 under the 3year rule but was confused because of the short period of separation. 

 

I am of the opinion that she shouldn't, as they count for continuous residence with spouse for that 3 years and she is short some months due to the period of separation (marital issues). I know there is no straight answer to this especially since if she applies for n-400, the officer will ask for the gap in her residence and review her file based on that. depending on who she gets, that may be a no no or yes maybe, we will approve pending further investigation.

 

Not sure what other vj'ers think and wanted to throw the question out there in case anyone had an input.

 

Should she file under the 3 year rule or wait to file under the 5 year rule. What does everyone think?