N-400 questions

[Ready to do it 101]

My wife is applying for her USC.  Her 10 yr greencard says Resident since July xx, 2014... though she arrived in US on K1 Visa in Nov 2011 and we were married in Feb 2012.  I assume the "5 year" rule starts from Feb 2012, regardless it's been 5 years since July 2014 anyhow.  We could do the 3 years + married to USC, but I've read that the 5 year route is less paperwork, etc.

 

Specific questions on the N400 application..

 

1) Part 2, #1 and #2 regarding legal name and name on Permanant Resident Card.  I'm making this up to remain anonymous... My wife's name is Dawn Esther Brown.  Her Permanent Resident card says... Surname: Brown   Given Name: Dawn E   On the back of the permanent resident card it says Brown<<Dawn<Esther<<<<  SS card says Dawn E Brown.... so what do we put as middle name?  Esther or E?  I am asking because SS card says "E" and front of Permanent Resident card says "E"... but back of Permanent Resident card says Esther and I know we put Esther when we went through the whole K1 process and then Permanent Residency process, so...

 

2) Part 2. #6  USCIS Online Account #.... I do not think she has a USCIS Online Account #.  However, I did a search in my email and I see I have an email from USCIS from 2013 when we submitted an address change, so perhaps she does have a USCIS online account #?  If I leave it blank and it ends up she had one will her application then get denied?  Is there a way to find out if she has a USCIS Online Account #?

 

3) Part 4 #2... work telephone #.  My wife does not work.  However, for tax purposes she is a limited partner in my LLC.  She actually  does do some light Admin work... I'm 99% owner and she is 1% owner of the LLC.  If we leave telephone # blank will that raise red flags?  I have no problem putting our office phone # here. However, I know we are going to change it within the next 2 months... so...  I'd rather leave it blank, but will that raise red flags when I list her as Admin or 1% Limited Partner yet no phone # listed?

 

4) Part 7 #5... eye color.... they are black or dark brown.  Can't remember what we put on Permanent Resident paperwork (if it was even a question).  If we put black and on perm resident paperwork we had put dark brown, or vice versa... is this a problem?

 

5) Part 8, #1 and #2... It asks for 5 years worth of employment and says to put when Unemployed, etc.  So, she has been 1% owner/Limited Partner of my LLC since Jan 1, 2014... so 4 years and 9 1/2 months.  It asks for 5 years.  Prior to Jan 1, 2014 my wife has not worked in the US.  I.e. She arrived in November 2011 on a K1 Visa and did not work from November 2011 through Jan 1, 2014.  Should I put "Unemployed" from October 14, 2013 thru Dec 31, 2013 to satisfy their "5 year" history?  I was under the impression that "Unemployed" only is relevant if one is actively looking for a job.... so technically from November 2011 through Dec 31, 2013 she was not unemployed; she did not work by choice.  What do I put?  Don't put a history from Oct 14, 2013 through Dec 31, 2013 or make an entry and put "Unemployed" and then as occupation type in "Unemployed" as well?

 

6) Part 10, #3... how many times have you been married?  I am her first and only husband so the answer to this is 1, correct?   As opposed to perhaps 0... if they want to know if she was ever previously married.

 

7) Part 10, 8E.... Country of Citizenship or Nationality of my Current spouse's prior spouse.  Me the US Citizen has had an ex-spouse go through the immigration process.  I.e. I was previously married to a woman I met in the US back in the early 1990s.  We married, had a child together, and divorced over 15 years ago.  When we married in the 1990s she got her 10 year green card. After we divorced I know she got her US Citizenship around 14 years or so after we married.   Do I put her South American nationality and citizenship as well as her US citizenship... I.e. do we list both?  I feel if I just put US Citizen that would be wrong because she is originally from South America and didn't get her US Citizenship until 14 years after we married (7 or 8 years after we divorced).  Do I put both, just US Citizen, or citizenship of her birth country?

 

8)) Part 11 #1.... Question about children.   My wife does not have any children.  Me, the USC husband, has a 23 year old daughter from my prior marriage with my prior spouse.  While, my wife came to the US on a fiance visa when my daughter was around 14-15 years old, she doesnt really consider her a "daughter" given that my ex-wife had custody of my daughter, my daughter attended a prep school for high school, and then went to university, graduated, etc.  I.e. They never lived together and see/saw each other very rarely over the past 10 years as my daughter has always lived in a different state.  Does she need to list "my" 23 year old daughter under the "children" section?  It says, "Information about YOUR children."  I wouldn't call my daughter "her" child.

 

9) Part 12, #7... Have you EVER not filed a Federal, State, or Local tax return since you became a lawful permanent resident.  In my state we do not file state or local taxes.  However, our business is required to file state franchise taxes each year. Me, the USC, 99% owner of our LLC,  had a major health issue in 2017.  Due to this health issue, we filed our business and personal tax returns for 2017 and 2018 in September 2019.  Because of this, would she need to answer this question as "YES?"  Technically, yes she has EVER not filed, however, since they have all been filed now and we have paid our 2017 and 2018 taxes along with payment for what we owed, interest, late filing fees, interest, etc, would she still need to answer this as yes.  One could read this as.... "You only put YES if you didn't file XYZ year and you still never filed it.  I know this won't be an issue as we've never been late, EVER until 2017 tax year, I have a very good medical reason, and we owe the IRS nothing as we paid our tax bill, penalties, etc in full.  Please advise.

 

10) Part 12, 9a... Have you ever been a member of or associated with any organization, association, "Fund," in the US etc?  We have a self directed 401k that allows us each to put up to $52,000 of income/year into a self directed Investment Trust Fund.  Is this really what they are asking about?  They really want to know about our self directed 401k Investment Trust Fund?   It says "fund,'" so... ???

 

Thank you in advance for the responses!

 

 

 

Edited October 15, 2019 by Ready to do it

[USS_Voyager 1,972]

1 hour ago, Ready to do it said:

I assume the "5 year" rule starts from Feb 2012, regardless it's been 5 years since July 2014 anyhow

It’s 5 years since she became permanent resident, so the 2014. But you’re right, it’s moot because it’s now over 5 years in any standard.

 

1) Esther

2) N/A

3) Put her cell phone number or your cell phone number. 

4) No, put either back or brown is fine.

5) Put “House wife” for the 3 months or whatever and “Administrative Assistant” for the other one.

6)1

7) Both

8 ) If she never formally adopted the daughter, then no. 

9) I would say yes, then explain.

10) No

 

 

Please understand this is free advice from a random guy on the internet.

 

 

 

[Mollie09 1,543]

7 hours ago, USS_Voyager said:

It’s 5 years since she became permanent resident, so the 2014. But you’re right, it’s moot because it’s now over 5 years in any standard.

 

1) Esther

2) N/A

3) Put her cell phone number or your cell phone number. 

4) No, put either back or brown is fine.

5) Put “House wife” for the 3 months or whatever and “Administrative Assistant” for the other one.

6)1

7) Both

8 ) If she never formally adopted the daughter, then no. 

9) I would say yes, then explain.

10) No

 

 

Please understand this is free advice from a random guy on the internet.

 

 

 

Just a quick note on #8 that it asks for stepchildren regardless of whether or not they've been adopted. You need to list the step daughter.

[Ready to do it 101]

10 hours ago, Mollie09 said:

Just a quick note on #8 that it asks for stepchildren regardless of whether or not they've been adopted. You need to list the step daughter.

Thanks USS and Molly.  So even though she is 23 years old and independent, my wife would still list my daughter?

 

Regarding #9... any other opinions?  I googled this type of question and many people said, "No,"... that they are looking for folks who currently have not filed a past year or are delinquent the current year.  I.e. Since I am not delinquent the current year and have filed (and am not delinquent) all past years, then the answer would be "No."  Any other opinions here?

 

Thanks!