N-400 Questions

[Isley 0]

My wife and I went through the K-1 Visa process 7 years ago. I'm currently working on my her N-400 application and we wanted to file under the five years of citizenship option because we heard that it was easier.  So what date do they base this off? The date on her green card that states that she's been a resident since xx/xx/xxxx? Or the date from when she was approved for her GC? 

Edited May 16, 2021 by Isley

[Scandi 4,189]

The "resident since" date and the date she was approved for her very first greencard should be the same. She became a resident the same second her very first greencard was approved. If the dates aren't the same, then USCIS made an error and it could potentionally impact the date she's eligible to file for citizenship. If there is an error you should've noticed this when she first got her greencard and filed an i-90 to correct it, it's always important to check so all the info on the card is correct. 

[Isley 0]

So for the evidence, they're only requesting 2 passport photos if she resides overseas. A photocopy of her GC  and a marriage certificate? That's all I need to send of the application? So the rest of the required documentation is for the interview? 

[Dashinka 24,954]

52 minutes ago, Isley said:

So for the evidence, they're only requesting 2 passport photos if she resides overseas. A photocopy of her GC  and a marriage certificate? That's all I need to send of the application? So the rest of the required documentation is for the interview? 

Yes, the required evidence is not that much for the N400.  Many people that file online also upload a lot of the interview evidence, but you still need to take it to the interview as well.

 

Good Luck!

[Isley 0]

Thank you both for your replies. 

[Scandi 4,189]

8 hours ago, Isley said:

So for the evidence, they're only requesting 2 passport photos if she resides overseas. A photocopy of her GC  and a marriage certificate? That's all I need to send of the application? So the rest of the required documentation is for the interview? 

Upload as much evidence as you can. If you wait and bring everything to the interview they may not give an approval on the spot in case they need more time to go through every document afterwards. Uploading the documents gives the IO a chance to go through it before the interview.

 

If she files under the 5 year rule she doesn't need to upload much, but I highly recommend to upload your marriage certificate, tax return transcripts at least. And passport stamps showing If she's traveled abroad in the last 5 years.

[HNZ91 70]

11 hours ago, Scandi said:

The "resident since" date and the date she was approved for her very first greencard should be the same. She became a resident the same second her very first greencard was approved. If the dates aren't the same, then USCIS made an error and it could potentionally impact the date she's eligible to file for citizenship. If there is an error you should've noticed this when she first got her greencard and filed an i-90 to correct it, it's always important to check so all the info on the card is correct. 

No this is not always true. If you got your GC approval from an overseas consular then the resident date is when you arrive to the US and get the GC stamp. Not when a GC was approved.

Edited May 16, 2021 by HNZ91

[Scandi 4,189]

43 minutes ago, HNZ91 said:

No this is not always true. If you got your GC approval from an overseas consular then the resident date is when you arrive to the US and get the GC stamp. Not when a GC was approved.

You must have missed that this person arrived on a K-1. She clearly didn't come here on a spousal vis hence no reason for me to even bring that up, it has nothing to do with their case.

Edited May 16, 2021 by Scandi

[Bob in Boston 767]

1 hour ago, HNZ91 said:

No this is not always true. If you got your GC approval from an overseas consular then the resident date is when you arrive to the US and get the GC stamp. Not when a GC was approved.

OP said they were a K-1. Green card would not have been done overseas but an adjustment of status.

[Demise 1,359]

23 hours ago, Isley said:

My wife and I went through the K-1 Visa process 7 years ago. I'm currently working on my her N-400 application and we wanted to file under the five years of citizenship option because we heard that it was easier.  So what date do they base this off? The date on her green card that states that she's been a resident since xx/xx/xxxx? Or the date from when she was approved for her GC? 

Both of these (resident since and I-485 approval dates) should be one and the same. But if they are different just go with the resident since date. It's been 7 years so it's not like it'll get rejected due to filing too early. Worst case scenario if that's wrong for some bizarre reason the immigration agent will just correct it on the form during the interview.

Edited May 17, 2021 by Demise