Helping my aunt file N-400 and three questions

[eternallynagging 0]

Hi there! Long time reader and finally made a thread because we were confused even after reading the guidelines. 

 

My aunt is an immigrant with three children. The uncle never came to the US due to personal reasons, but they are still married. She got her LPR status in 2015 through her eldest son who is a US citizen by birth (they visited US long ago unaware that the aunt was pregnant) and now she wants to file naturalization. her English isn't the best so I am typing on behalf of her. 

 

1. N400 asks her if she is married, which she is. However, uncle  has been neither US citizen nor an LPR, and her lpr status came from sponsorship by her eldest son, not marriage. Does she still need to submit her marriage certificate? It seems irrelevant. 

 

2. Does she have to put information of all her adult children?  and their birth certificates? The eldest is USC born in the US as I said (sorry for being repetitive) and the other two are LPR. 

 

3. about police detainment, we are not sure if these counts...

      - She has a parking ticket under $50 from a different state that she had lived 12 years ago. It was dismissed when she went to the court to pay it. We have a screenshot of it. Should we submit this? 

      - She got a red light ticket from what's called "Safelight" citation. it's a legit (but still very shady) traffic monitoring that works with the county government, and the citation said that it will not add toward to her driving points. No police officer, no court citation, no summoning. Does this count as a citation??

      - Recently she passed by a police officer who was giving ticket to another driver for driving too fast, and the police officer followed my aunt to tell her that she didn't "slow down enough". My aunt apologized and the officeer didn't give her any citation or tickets, just a short verbal chastise. Should she put that, too. how would she even get a documentation of that? 

[milimelo 4,583]

1. Yes

2. Yes.

3. When in doubt list it - they can cross it out if not needed. 

[JeanneAdil 6,724]

traffic citations are not the same as being arrested and convicted

 

and i , USC,  had to list my sons ,  even though they were over 30 years of age

[eternallynagging 0]

Just now, JeanneAdil said:

traffic citations are not the same as being arrested and convicted

 

and i , USC,  had to list my sons ,  even though they were over 30 years of age

Sounds excessive on USCIS part! 

[Crazy Cat 42,691]

23 minutes ago, eternallynagging said:

Sounds excessive on USCIS part! 

For wanting information about a future immigrant's family?   Seriously?  Excessive or not, the information must be submitted.

Edited February 24, 2022 by Crazy Cat

[aaron2020 11,651]

36 minutes ago, eternallynagging said:

Sounds excessive on USCIS part! 

Not excessive at all.  Especially when someone is seeking US citizenship and the rights. 

When someone applies for citizenship, their entire immigration record and specific documents are required for everyone.  No one is treated special.  

[JeanneAdil 6,724]

4 hours ago, eternallynagging said:

Sounds excessive on USCIS part! 

Not only had to list "Children and they were 30 and 32)  had to sent their birth certificates with my 4 page RFE

someday i will figure how to post the RFE 

[arken 4,197]

6 hours ago, eternallynagging said:

Does she have to put information of all her adult children? 

 

6 hours ago, eternallynagging said:

Sounds excessive on USCIS part! 

If you are helping someone file N400, i'd assume you at least read thoroughly and abide by N400 instructions.

 

Part 11. Information About Your Children

 

Item Number 1. Indicate your total number of children. Count all of your children, regardless of whether they are alive, missing, deceased; born in other countries or in the United States; under 18 years of age or over 18 years of age; married or unmarried; living with you or elsewhere; current stepchildren; legally adopted children; or children born when you were not married.

 

Item Number 2. Provide information about all your children listed in Item Number 1., regardless of age.

 

 

Under Required Evidence:
Children and Support of Dependents. Bring evidence that all of the children listed on your Form N-400 are your children. Such evidence may include:
(1) Birth certificates for all children you claim, 

Edited February 25, 2022 by arken

[Rocio0010 5,680]

20 hours ago, eternallynagging said:

her eldest son who is a US citizen by birth (they visited US long ago unaware that the aunt was pregnant)

I mean not that it is going to impact her application, but they never realized she was pregnant for nine months?

 

20 hours ago, eternallynagging said:

1. N400 asks her if she is married, which she is. However, uncle  has been neither US citizen nor an LPR, and her lpr status came from sponsorship by her eldest son, not marriage. Does she still need to submit her marriage certificate? It seems irrelevant. 

When in doubt, send it. As somebody said, if they don't need it, they'll just ignore it. However, what if, say, in the future, she wants to sponsor her hsband? If she doesn't send the marriage certificate now, she might end up having issues later on. You never know what life is going to throw at you!

 

20 hours ago, eternallynagging said:

2. Does she have to put information of all her adult children?  and their birth certificates? The eldest is USC born in the US as I said (sorry for being repetitive) and the other two are LPR. 

Yes, as per the instructions.

 

20 hours ago, eternallynagging said:

She has a parking ticket under $50 from a different state that she had lived 12 years ago. It was dismissed when she went to the court to pay it. We have a screenshot of it. Should we submit this? 

IMHO, better to have something more "official" than a screenshot. Anybody can make up a screenshot. Better to get a copy of court disposition.

 

20 hours ago, eternallynagging said:

and the citation said that it will not add toward to her driving points. No police officer, no court citation, no summoning. Does this count as a citation??

You said it was a citation, so, yes, it counts as a citation.

 

20 hours ago, eternallynagging said:

Should she put that, too. how would she even get a documentation of that? 

List it and just make a note about it.