Lawyer or no lawyer for n400, info in post

[sparkles_ 456]

Hey guys, 

 

So it’s time for us to file my husband’s N400. Looking for advice about using a lawyer or not....long of the short, husband had a Notice to Appear for deportation terminated and then was able to file AOS and got his 10y card. 
 

Was wondering if this is going to matter at all during the N400 process, affect the application in a negative way? We were thinking of filing without using a lawyer, since the removal was terminated and he has had no legal/criminal issues seeing as the forms are self explanatory. Or would it be advisable to retain a lawyer for this as well if having been in removal before will make issues? There is the option to use the same lawyer who handled his very complicated AOS.

 

One more thing. Is it true that you MUST use the income based fee waiver ? Someone said this is legally required now, that N400 fees are based on a three level scale related to one’s yearly income. 
 

TIA everyone  

 

 

 

[JeanneAdil 6,220]

Lawyer is not needed 

 

the waiver is explained on this site

 

https://www.ilrc.org/sites/default/files/resources/naturalization_reduced_fee_and_fee_waiver_practice_advisory_april_2017_final.pdf

 

A reduced fee of $320 (Form I-942) is available for naturalization applicants with a family income greater than 150 percent but not more than 200 percent of the Federal Poverty Guidelines. An applicant granted a reduced fee will still be required to pay the full biometric services fee of $85, for a total fee of $405.

 

 A fee waiver (Form I-912) is available to applicants with a family income no greater than 150 percent of the Federal Poverty Guidelines and if it is granted, the applicant will not need to pay the filing fee for the Form N-400 or the $85 biometric services fee, for a total fee of $0.

[sparkles_ 456]

17 hours ago, JeanneAdil said:

Lawyer is not needed 

 

the waiver is explained on this site

 

https://www.ilrc.org/sites/default/files/resources/naturalization_reduced_fee_and_fee_waiver_practice_advisory_april_2017_final.pdf

 

A reduced fee of $320 (Form I-942) is available for naturalization applicants with a family income greater than 150 percent but not more than 200 percent of the Federal Poverty Guidelines. An applicant granted a reduced fee will still be required to pay the full biometric services fee of $85, for a total fee of $405.

 

 A fee waiver (Form I-912) is available to applicants with a family income no greater than 150 percent of the Federal Poverty Guidelines and if it is granted, the applicant will not need to pay the filing fee for the Form N-400 or the $85 biometric services fee, for a total fee of $0.

Thanks for the reply. We don’t want a waiver, my questions about that was due to something I’ve heard. 
 

If our income falls into the reduced 320$ fee bracket and we do NOT want to use the waiver, is this ok? Someone told me that this was required now, using the fee and waiver based on your income...that someone is actually another lawyer, but it doesn’t make sense. 
 

I know a waiver may seem like a nice money saver but I don’t feel like adding anymore extra scrutiny to his application if that makes sense. Can we proceed and just pay the full cost? 

Edited January 22, 2020 by sparkles_

[mrsR 26]

Hey guys,

I was wondering about the household income part, we will be filing our taxes on feb 8th. Then after a week i will be filing my citizenship on Feb 15th, since that is the first day I am eligible. But I just got hired yesterday for a part time job. I was curious if do I need to put my new annual income on the form? Although, one of the proofs I need to submit with form I-942 is the tax return (which will be filing on Feb 8th). I am not sure if we are still qualified if I added my new income. But on the tax form my new income won't reflect because i just started working.. 

So I am really not sure if the basis of the I-942 is the recent tax return showing 2019 income or with also my annual income which I haven't earned yet. I just got started working today. So I think I will receive my pay next friday or next next. Feb 7th or 14th.

 

Thanks guys! I hope you could enlighten me on this part. 

[Thegirl 224]

On 1/22/2020 at 1:27 PM, sparkles_ said:

Thanks for the reply. We don’t want a waiver, my questions about that was due to something I’ve heard. 
 

If our income falls into the reduced 320$ fee bracket and we do NOT want to use the waiver, is this ok? Someone told me that this was required now, using the fee and waiver based on your income...that someone is actually another lawyer, but it doesn’t make sense. 
 

I know a waiver may seem like a nice money saver but I don’t feel like adding anymore extra scrutiny to his application if that makes sense. Can we proceed and just pay the full cost? 

Waiver is optional not required

[Thegirl 224]

On 1/28/2020 at 9:39 AM, mrsR said:

Hey guys,

I was wondering about the household income part, we will be filing our taxes on feb 8th. Then after a week i will be filing my citizenship on Feb 15th, since that is the first day I am eligible. But I just got hired yesterday for a part time job. I was curious if do I need to put my new annual income on the form? Although, one of the proofs I need to submit with form I-942 is the tax return (which will be filing on Feb 8th). I am not sure if we are still qualified if I added my new income. But on the tax form my new income won't reflect because i just started working.. 

So I am really not sure if the basis of the I-942 is the recent tax return showing 2019 income or with also my annual income which I haven't earned yet. I just got started working today. So I think I will receive my pay next friday or next next. Feb 7th or 14th.

 

Thanks guys! I hope you could enlighten me on this part. 

Response not about the form. 

 

DO NOT SUBMIT YOUR N-400 ON THE FIRST DAY YOU ARE ELIGIBLE. 

 

Wait a day or two. The system does not recognize the dates properly and many persons have had their application rejected for filing too early. They didn't get this notice after months of waiting. So please wait a few days. In the grand scheme of things a few days will not make a significant difference in wait times for interview but filing too early certainly will. 

[mrsR 26]

4 hours ago, Thegirl said:

Response not about the form. 

 

DO NOT SUBMIT YOUR N-400 ON THE FIRST DAY YOU ARE ELIGIBLE. 

 

Wait a day or two. The system does not recognize the dates properly and many persons have had their application rejected for filing too early. They didn't get this notice after months of waiting. So please wait a few days. In the grand scheme of things a few days will not make a significant difference in wait times for interview but filing too early certainly will. 

Thank you for the advice!!

 

The first day that I am eligible is on a saturday (15th) and that monday, the 17th is a federal holiday. So i think they will receive my papers on Feb 18th. 

 

And correction, I will be receiving my paystub on the 21st. So i am really confused.

[Thegirl 224]

Will you still be eligible after you get the new job? Either way they just need proof that you qualify. I don't think it matters. Send transcripts and new pay stubs as long as you still qualify. 

[mrsR 26]

On 2/1/2020 at 4:26 PM, Thegirl said:

Will you still be eligible after you get the new job? Either way they just need proof that you qualify. I don't think it matters. Send transcripts and new pay stubs as long as you still qualify. 

Unfortunately, we are not qualified anymore if I added my income this year. But I explained on the next page that I had a change of income this year, and our 2019 taxes was showing our previous income which qualifies for the I-942. And the documentation they require is the 2019 tax return and 2019 W2s. I dont have a paystub yet since I just started working..

Edited February 12, 2020 by mrsR

[Jay&Jo 4]

On 2/12/2020 at 11:20 AM, mrsR said:

Unfortunately, we are not qualified anymore if I added my income this year. But I explained on the next page that I had a change of income this year, and our 2019 taxes was showing our previous income which qualifies for the I-942. And the documentation they require is the 2019 tax return and 2019 W2s. I dont have a paystub yet since I just started working..

Can you update me on what you decided to do? We are trying to fill out the paperwork for the reduced fee now, and our situation is also quite complicated. We definitely qualify for it, it's just a complicated situation to explain!

[mrsR 26]

50 minutes ago, Jay&Jo said:

Can you update me on what you decided to do? We are trying to fill out the paperwork for the reduced fee now, and our situation is also quite complicated. We definitely qualify for it, it's just a complicated situation to explain!

Hi,

 

We didn't qualify for it so we paid the whole fee. We received the decision within a month so if you're not in a hurry, you could try applying with the reduced fee waiver. :) 

[Jay&Jo 4]

5 hours ago, mrsR said:

Hi,

 

We didn't qualify for it so we paid the whole fee. We received the decision within a month so if you're not in a hurry, you could try applying with the reduced fee waiver.

Thank you! Yes, think I'm going to at least try! I guess all they can say is no right? Sorry you didn't qualify. All the best.