Filing under the five year rule

[Alision_J36 2]

Hi. If I am filing under the five year rule, do I still need a original copy of my spouse birth certificate to take to my naturalization interview?

[Mike E 11,741]

9 minutes ago, Alision_J36 said:

Hi. If I am filing under the five year rule, do I still need a original copy of my spouse birth certificate to take to my naturalization interview?

1. Who petitioned your gc?

 

2. What does your interview appointment letter say to bring?

Edited September 27, 2022 by Mike E

[Alision_J36 2]

11 minutes ago, Mike E said:

1. Who petitioned your gc?

 

2. What does your interview appointment letter say to bring?

"You MUST BRING the following with you to the interview: •

This letter. •

Your Alien Registration Card ("green card"). •

Any evidence of Selective Service Registration. •

Your passport and/or any other documents you used in connection with any entries into the United States. • Those items noted below which are applicable to you:

If applying for NATURALIZATION AS THE SPOUSE of a United States Citizen;

• Your marriage certificate. •

Proof of death or divorce for each prior marriage of yourself or spouse. •

Your spouse's birth or naturalization certificate or certificate of citizenship.

If applying for NATURALIZATION as a member of the United States Armed Forces;"

 

I

 

 

 

[Alision_J36 2]

13 minutes ago, Mike E said:

1. Who petitioned your gc?

 

2. What does your interview appointment letter say to bring?

"You MUST BRING the following with you to the interview: •

This letter. •

Your Alien Registration Card ("green card"). •

Any evidence of Selective Service Registration. •

Your passport and/or any other documents you used in connection with any entries into the United States. • Those items noted below which are applicable to you:

If applying for NATURALIZATION AS THE SPOUSE of a United States Citizen;

• Your marriage certificate. •

Proof of death or divorce for each prior marriage of yourself or spouse. •

Your spouse's birth or naturalization certificate or certificate of citizenship.

If applying for NATURALIZATION as a member of the United States Armed Forces;"

 

I am applying under the five year rule without my husband. We are no longer together and I have no way to get a copy of his birth certificate 

[Mike E 11,741]

Again, who petitioned  your gc? 

[Ontarkie 14,282]

~~Moved to US Citizenship Discussion, from General Immigration Discussion~~

[arken 4,197]

15 minutes ago, Alision_J36 said:

"You MUST BRING the following with you to the interview: •

This letter. •

Your Alien Registration Card ("green card"). •

Any evidence of Selective Service Registration. •

Your passport and/or any other documents you used in connection with any entries into the United States. • Those items noted below which are applicable to you:

If applying for NATURALIZATION AS THE SPOUSE of a United States Citizen;

• Your marriage certificate. •

Proof of death or divorce for each prior marriage of yourself or spouse. •

Your spouse's birth or naturalization certificate or certificate of citizenship.

If applying for NATURALIZATION as a member of the United States Armed Forces;"

 

I am applying under the five year rule without my husband. We are no longer together and I have no way to get a copy of his birth certificate 

Read the IF condition first. You are not applying for naturalization as the spouse of a USC.

Edited September 27, 2022 by arken

[Alision_J36 2]

15 minutes ago, Mike E said:

Again, who petitioned  your gc? 

Sorry, my husband did. He's born American

[Crazy Cat 41,982]

44 minutes ago, Alision_J36 said:

"You MUST BRING the following with you to the interview: •

This letter. •

Your Alien Registration Card ("green card"). •

Any evidence of Selective Service Registration. •

Your passport and/or any other documents you used in connection with any entries into the United States. • Those items noted below which are applicable to you:

If applying for NATURALIZATION AS THE SPOUSE of a United States Citizen;

• Your marriage certificate. •

Proof of death or divorce for each prior marriage of yourself or spouse. •

Your spouse's birth or naturalization certificate or certificate of citizenship.

If applying for NATURALIZATION as a member of the United States Armed Forces;"

 

I am applying under the five year rule without my husband. We are no longer together and I have no way to get a copy of his birth certificate 

You do not need his birth certificate.  You are applying under the 5 year rule, not as the spouse of a US citizen.

Edited September 27, 2022 by Crazy Cat

[Mike E 11,741]

25 minutes ago, Alision_J36 said:

Sorry, my husband did. He's born American

The N-400 is an opportunity for USCIS to re-verify the basis for your LPR status. That starts with whether your petitioner was eligible to petition you. Thus it  is possible to will get an RFE if you cannot produce his original birth certificate.  
 

You want to avoid avoidable RFEs in an N-400 case.  See 

The reason is that if you have an interview and the IO is disposed to approve  you and possibly schedule your oath, possible even the day of the interview, then an RFE provides an opportunity for an IO to dig into your file and unearth an skeleton.  
 

Your spouse should be motivated to provide you an original birth certificate because this way the I-864 (and the hassle I-865) ends if you become a U.S. Citizen. 
 

It is also possible your IO won’t even bring up the birth certificate.  Probable even.  
 

Try to get an original birth certificate 

Edited September 27, 2022 by Mike E

[pazzee 29]

I just had my interview last week and passed. I filed under the 5 year rule but divorced my wife in March 2021. I uploaded my divorce decree with my online N400 application. The officer didn’t ask to see my ex’s birth certificate. She asked why we got divorced (a simple, she no longer wants to have kids and I still do, sufficed). And the officer never brought up my ex again. 

 

You’re filing under the basis of being an LPR for 5 years, not as a spouse of a US citizen, like mentioned by other posters above.

 

In the end, the officer didn’t ask for anything additional besides seeing my GC and my passport. 

 

Worst comes to worst you’ll get an RFE and you’ll have more time to obtain it from your ex. But I highly doubt that will happen.

Edited September 28, 2022 by pazzee

[Mike E 11,741]

2 minutes ago, pazzee said:

I just had my interview last week and passed. I filed under the 5 year rule but divorced my wife in March 2021. I uploaded my divorce decree with my online N400 application. The officer didn’t ask to see my ex’s birth certificate.

yes. Because you were divorced at the time of your interview. OP is not divorced. 

2 minutes ago, pazzee said:

 . 

 

Worst comes to worst you’ll get an RFE and you’ll have more time to obtain it from your ex. But I highly doubt that will happen.

Best to avoid RFEs

 

 

[pazzee 29]

2 minutes ago, Mike E said:

yes. Because you were divorced at the time of your interview. OP is not divorced. 

Best to avoid RFEs

 

 

I missed that, lol. But still, OP is applying on the basis of being an LPR for 5 years. Not as a spouse of a USC. 

[Scandi 4,171]

Impossible to know, the IO can ask for anything really. There isn't any set of rules that apply to every situation, it's very individual. The IO can ask for 10 things that aren't listed on your letter, or he doesn't want to look at anything you have brought even if listed in the letter. Bring what you have. 

 

I filed based on the marriage to my USC husband (3 year rule) and wasn't asked for anything regarding my husband, while others have to show their USC spouse’s documents even under the 5 year rule. 

Edited September 28, 2022 by Scandi

[Dashinka 24,603]

I agree with @Mike E, best to be prepared than to gamble in this case.  Like @Scandi, my wife filed under the 3 year rule, took everything asked for in the N400 Instructions and on the interview letter and the IO did not ask for any of it.  Your spouse should at the very least have a copy of their birth certificate take it to create your peace of mind.

 

Good Luck!