N-400: Selective Service Registration Concern

[Tio 61]

Hi, good afternoon, everyone.

 

Next month, during the first two weeks of February, I will be eligible to file for N-400 under the 3-year rule (married to USC). I still haven't received any updates for my I-751 filed in March 2021, but I still want to send it to see if that accelerates the process. I do not mind about the interview. I just want this over with.

 

I was looking through the questions and I see that they ask about Selective Service. I have been in the US for a long time and I came on a B1/B2 visa. I never registered for Selective Service because I was under the impression that someone on a expired visa and overstayed didn't have to register and that I needed a SSN in order to do so. With that being said, I never paid too much mind to it. I'm not here to justify that I had and didn't, but simply to seek some opinions from you.

 

So, for people aged at least 31 or older at the time of filing, it isn't required for them since they would have already passed the 5-year moral character period. That's if they are filing under the 5-year rule for citizenship.

 

I'm currently 30 years of age, I have been married for almost 5 years and I got my Green Card in 2019 through AOS when I was 27 going to 28.

 

From what I have been reading, if I am least 29 and married to USC, I am able to apply for N-400, even if I didn't register to Selective Service -- be that willingly or not. I'm 30 years of age and I'm still married to my spouse. If I am reading everything correctly, I am not required to send in a Status Information Letter (SIL) due to the following:

 

1. I'm already at least 29. In my case, I am currently 30 years of age and I have already complied with the minimum 3-year statutory period since I am filing under INA 309(a), which is based on marriage to a USC. If that's the case, I am at my 4th year, i.e., 26-30 = 4 years since I am still married to my USC spouse.

 

2. There is a letter from August 2018 stating the above, which I will quote below:

 

"U.S. Citizenship and Immigration Services (USCIS) is currently considering changes to form N-400, Application for Naturalization, and will make edits indicating that if an applicant is over 31 years of age (or over 29 years of age if applying based on being the spouse of a U.S. citizen) at the time the form N-400 is filed, the applicant does not need to provide a status information letter or a statement explaining the reason for not registering."

 

Source: https://www.uscis.gov/sites/default/files/document/foia/Selective_Service_section_of_the_N-400_-_Benton.pdf

 

3. The above was from 2018 and it's unfortunate that it wasn't clearly added/updated/included in the N-400, which was lastly revised in 09/2019. That's why I'm seeking clarification to avoid mistakes/delays.

 

Again, I am sorry for so much information. I just want some clarity to be ready for when I apply. Furthermore, I have heard that it takes a couple of weeks to get the SIL IF I really need it. Since we are a couple of weeks away from my eligibility period, I want to make sure that I request it now IF I REALLY NEED IT to ensure that I have it ready by the time that I'll apply for N-400.

 

Thanks, everyone and I hope I can get some help/advice/opinion from you guys/gals.

 

Thanks!

Sincerely,

Tio.

[Tio 61]

Anyone, please?

[Mike E 11,727]

11 hours ago, Tio said:

Hi, good afternoon, everyone.

 

I was looking through the questions and I see that they ask about Selective Service. I have been in the US for a long time and I came on a B1/B2 visa. I never registered for Selective Service because I was under the impression that someone on a expired visa and overstayed didn't have to register

Non immigrants do not have to register.  
 

Once you over stayed your visa you became an illegal immigrant and were required to register if you were age  18 and older and younger than age 26.  
 

11 hours ago, Tio said:

 

and that I needed a SSN in order to do so.

To register online you need an SSN.  By US Post mail you can register without an SSN if you don’t have one.  

11 hours ago, Tio said:

  So, for people aged at least 31 or older at the time of filing, it isn't required for them since they would have already passed the 5-year moral character period. That's if they are filing under the 5-year rule for citizenship.

Such men still need a Status Information Letter from SSS

 

They also need to write a statement explaining why they did not register.  
 

11 hours ago, Tio said:

 

I'm currently 30 years of age, I have been married for almost 5 years and I got my Green Card in 2019 through AOS when I was 27 going to 28.

 

From what I have been reading, if I am least 29 and married to USC, I am able to apply for N-400, even if I didn't register to Selective Service -- be that willingly or not. I'm 30 years of age and I'm still married to my spouse. If I am reading everything correctly, I am not required to send in a Status Information Letter (SIL) due to the following:

 

https://www.uscis.gov/sites/default/files/document/forms/attachments.pdf says you need a status information letter.  They are easy to get.  Just do it.  
 

 

11 hours ago, Tio said:

 

 

 

2. There is a letter from August 2018 stating the above, which I will quote below:

 

"U.S. Citizenship and Immigration Services (USCIS) is currently considering changes to form N-400, Application for Naturalization, and will make edits indicating that if an applicant is over 31 years of age (or over 29 years of age if applying based on being the spouse of a U.S. citizen) at the time the form N-400 is filed, the applicant does not need to provide a status information letter or a statement explaining the reason for not registering."

 

Source: https://www.uscis.gov/sites/default/files/document/foia/Selective_Service_section_of_the_N-400_-_Benton.pdf

Not part of policy afaik and definitely not ime.  

11 hours ago, Tio said:

 

 

3. The above was from 2018 and it's unfortunate that it wasn't clearly added/updated/included in the N-400, which was lastly revised in 09/2019. That's why I'm seeking clarification to avoid mistakes/delays.

 

Again, I am sorry for so much information. I just want some clarity to be ready for when I apply. Furthermore, I have heard that it takes a couple of weeks to get the SIL IF I really need it. Since we are a couple of weeks away from my eligibility period, I want to make sure that I request it now IF I REALLY NEED IT to ensure that I have it ready by the time that I'll apply for N-400.

 

Thanks, everyone and I hope I can get some help/advice/opinion from you guys/gals.

 

Thanks!

Sincerely,

Tio.

Get the SIL.  

[Chancy 6,233]

*** Removed related thread. Please post your related questions in this thread to keep the discussion in one place. ***

 

10 minutes ago, Tio said:

Hi, all.

 

I haven’t heard anything for my I-751. I was eligible to send in my N-400 back on Feb.2022, but decided not to in order to allow the I-751 to process normally.

 

However, nothing has happened and I’m preparing to send in my N-400 now. I have a few questions that I am hoping to receive some assistance/clarification on:

 

1. I never registered for Selective Service

simply because I was under the impression that you needed a SSN and be a of legal status/a citizen. I’m currently 30 years of age and I have been married for 5 years and my 3-year anniversary with my green card was in May 2022. Do I really need the SIL from Selective Service? I have complied with the 3-year requirement for good moral character by being married to a USC. I’m simply wondering if I should bring it to the interview or not because I am not providing it with the application since it isn’t required right now. Do we also need the affidavits for this or is my declaration + SIL sufficient?

 

2. I’m preparing my documents using my last 3-years worth of stuff and I’m thinking of adding that to the online application. Is this OK to do? I’d love to include everything I can now to make sure that the documents are sufficient for my application since I’m filing under the 3-year rule. I’m referring to bank statements, leases, ConEd bills, home/Internet bills, tax transcripts, etc. All from the last 3 years.

 

I think that’s it. If you guys/gals have any other comments and/or advice/tips, please don’t hesitate to share them. I want to make sure that I am doing this correctly.

 

Thanks all!

 

Sincerely,

Tio.

 

As @Mike E said above, you need the SIL.