Bona fide marriage?

[jimbrackets 2]

Hello,

 

I was recently given a permanent green card (conditions lifted) on the basis of marriage and will apply to naturalize soon.

 

Does anyone know whether the n400 still has the burden to establish the legitimacy of the marriage, or whether this is assumed one you have been award the permanent green card?

 

From glancing at the application, the process does not appear to be as laborious to me as the green card application, but maybe I am wrong?

Many thanks!

 

 

[gregcrs2 1,777]

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

Read the above link and you will have an answer to your question.

[Lucky2Lucky 2,526]

If you applying based on marriage to a US citizen then yes, you have to show proof of your relationship. It is not assumed because anyone can divorce or separate at any point in a relationship. It is not nearly as much evidence as removal of conditions, however. Please read the link posted above and the instructions for the N400.

[ThaOne 101]

5 hours ago, jimbrackets said:

Hello,

 

I was recently given a permanent green card (conditions lifted) on the basis of marriage and will apply to naturalize soon.

 

Does anyone know whether the n400 still has the burden to establish the legitimacy of the marriage, or whether this is assumed one you have been award the permanent green card?

 

From glancing at the application, the process does not appear to be as laborious to me as the green card application, but maybe I am wrong?

Many thanks!

 

 

If you have had your green card less than 5 years: YES!. Otherwise: No

 

[USAjune2016 101]

Some people go to the interview without any question about their marriage and some others get questioned and sometimes even get an RFE. In my opinion it all depends on the officer and if he/she suspects something. Right now and due to Covid they’re not allowing the spouse to enter the building but who knows in the future. Legally you’re supposed to be living together in martial union up to the oath taking.

Edited October 6, 2020 by USAjune2016

[Fr8dog 312]

The simple answer is "yes". But as with all things USCIS, there is more to it than that.

 

You do not need to upload the evidence with the application, but do gather it and bring it with you to the interview.

 

You initial application is reviewed by the NBC. As long as your application is in order it will be forwarded to the field office for an interview. If you do not upload evidence, it will still be forwarded as long as the rest is in order.

All applicants will need to be interviewed so the need for front loading the applications is gone. The main reason you front loaded your ROC was to get approved without an interview.

During your interview you may or may not be asked for additional evidence or other documents. At every stage of your journey, the USCIS sends letters that clearly state that you need to bring everything with you and that they may ask for it, the N400 is no different at this.

It is up to the IO to determine if you are eligible or not. The way the do that differs per IO and what applicant is in front of them. They may want to see evidence, they may not.  They may ask for tax transcripts, they may not.

 

For me it was by far the easiest process. I uploaded the bare minimum and was not asked to produce anything during the interview. I did have it with me though.

[SusieQQQ 11,585]

On 10/6/2020 at 5:48 AM, USAjune2016 said:

you’re supposed to be living together in martial union up to the oath taking.

Hopefully in harmony in marital union, not in combative martial union

[USAjune2016 101]

28 minutes ago, SusieQQQ said:

Hopefully in harmony in marital union, not in combative martial union

Good point there. How if an applicant brought his/her spouse to the interview and they both start fighting in the waiting room or during the interview would that be a denial? Lol 

[Limey 550]

On 10/4/2020 at 4:31 PM, jimbrackets said:

Hello,

 

I was recently given a permanent green card (conditions lifted) on the basis of marriage and will apply to naturalize soon.

 

Does anyone know whether the n400 still has the burden to establish the legitimacy of the marriage, or whether this is assumed one you have been award the permanent green card?

 

From glancing at the application, the process does not appear to be as laborious to me as the green card application, but maybe I am wrong?

Many thanks!

 

 

If you are applying based on 3 years as a permanent resident after marriage (rather than 5 years as a permanent resident) then yes, you need to upload documents that show the marriage is real (assuming you're doing it online).

 

It really isn't too hard, and you'll have most of the documents scanned already if you've recently done the ROC. During the interview (which was done completely via a video screen due to covid) I was asked a few questions just confirming that I was still married, and a few details about that, but nothing really probing. I'm assuming USCIS considered me low risk of fraud since they waived interviews for my initial GC and the ROC one.

[JMDI 26]

8 hours ago, Limey said:

If you are applying based on 3 years as a permanent resident after marriage (rather than 5 years as a permanent resident) then yes, you need to upload documents that show the marriage is real (assuming you're doing it online).

 

It really isn't too hard, and you'll have most of the documents scanned already if you've recently done the ROC. During the interview (which was done completely via a video screen due to covid) I was asked a few questions just confirming that I was still married, and a few details about that, but nothing really probing. I'm assuming USCIS considered me low risk of fraud since they waived interviews for my initial GC and the ROC one.

You had a video interview? Thanks for sharing!  I had never heard of that medium being deployed by the USCIS or N-400 interviews

[Just Paul 4,591]

6 minutes ago, JMDI said:

You had a video interview? Thanks for sharing!  I had never heard of that medium being deployed by the USCIS or N-400 interviews

Most field offices are doing them at the office but using a "screen".  You are in one room and the officer is at his desk.

[Limey 550]

19 hours ago, JMDI said:

You had a video interview? Thanks for sharing!  I had never heard of that medium being deployed by the USCIS or N-400 interviews

Yes, obviously this is because of the covid. I walked into the room and there was an ipad mounted upright and some instructions. There was a printer in the room and the interviewer occasionally sent things to it, and got me to sign them, write answers etc and hold them up to the screen. Since I was in the room by myself with the door closed the interviewer asked me to take my mask off, and he was isolated so had no mask either.

 

I thought USCIS handled things really well in terms of trying to eliminate the covid risks for them and us.