Questions about online N400

[jg121783 3,907]

I am currently working on my wife's N400 and came across a couple questions I am unsure how to answer. Here are the two questions I am stuck on:

 

Quote

Have you EVER committed, agreed to commit, asked someone else to commit, helped commit, or tried to commit a crime or offense for which you were NOT arrested?

Include all the crimes and offenses in the United States or anywhere in the world (including domestic violence, driving under the influence of drugs or alcohol, and crimes and offenses while you were under 18 years of age) which you EVER:

• Committed, agreed to commit, or asked someone else to commit;
• Were arrested, cited, detained, or confined for by any law enforcement officer, military official (in the U.S. or elsewhere), or immigration official;
• Were charged with committing, helping commit, or trying to commit;
• Pled guilty to;
• Were convicted of;
• Were placed in alternative sentencing or a rehabilitative program for (for example, diversion, deferred prosecution, withheld adjudication, or deferred adjudication); or
• Received a suspended sentence, clemency, amnesty, or pardon for, or were placed on probation or paroled for.

 

And:

 

Quote

Have you EVER been arrested, cited, detained, or confined by any law enforcement officer, military official (in the U.S. or elsewhere), or immigration official for any reason, or been charged with a crime or offense, or notified that you were being investigated for a crime?

Include all the crimes and offenses in the United States or anywhere in the world (including domestic violence, driving under the influence of drugs or alcohol, and crimes and offenses while you were under 18 years of age) which you EVER:

• Committed, agreed to commit, or asked someone else to commit;
• Were arrested, cited, detained, or confined for by any law enforcement officer, military official (in the U.S. or elsewhere), or immigration official;
• Were charged with committing, helping commit, or trying to commit;
• Pled guilty to;
• Were convicted of;
• Were placed in alternative sentencing or a rehabilitative program for (for example, diversion, deferred prosecution, withheld adjudication, or deferred adjudication); or
• Received a suspended sentence, clemency, amnesty, or pardon for, or were placed on probation or paroled for.

 

My wife received a speeding ticket a couple years ago (under $500). Does this have to be disclosed and which question do we answer yes to if so?

 

I may have more questions as we get further into the application which I will post on this thread but that is where we are stuck right now.

[Timona 3,947]

Not sure if I remember correctly, but under $500 isn't reported. 

[jg121783 3,907]

Another question. This comes up in the evidence section:

 

Quote

Child And Spousal Support

Provide evidence that you have complied with any child and spousal support obligations. If you have dependent children living apart from you, provide evidence that you support each dependent child and that you have complied with any child support obligations. If a court has ordered you to provide financial support for a spouse, former spouse, or children, provide the court or government order and evidence that you have complied with the order. For example:

• Cancelled checks or money order receipts;
• A court or agency document showing child support payments;
• Evidence of wage garnishments; or
• A notarized letter from the parent or guardian who cares for your children.

 

 

My wife doesn't pay (nor is she required to) child or spousal support. Why is this coming up in the evidence section? Did we answer a question wrong somewhere? Should we jus leave it empty?

[jg121783 3,907]

Also under "additional evidence" is there anything else we should include?

[Dashinka 23,271]

Many folks include all the evidence outlined in the instructions under the "Bring to Interview" section.  Also, as to the OP question, my wife had a moving violation (red light ticket), and she forgot about it and answered no on both OP questions.  At the interview she told the IO about it and it was no issue.

 

Good Luck!

11 hours ago, jg121783 said:

Also under "additional evidence" is there anything else we should include?

 

[jg121783 3,907]

5 hours ago, Dashinka said:

Many folks include all the evidence outlined in the instructions under the "Bring to Interview" section.  Also, as to the OP question, my wife had a moving violation (red light ticket), and she forgot about it and answered no on both OP questions.  At the interview she told the IO about it and it was no issue.

 

Good Luck!

 

I forgot to mention she will be applying under the 5 year rule and not the 3 year marriage rule. At the end of the application it is asking for a marriage certificate to confirm her name change, a copy of her green card, evidence of paid child support (not sure why this is being asked for, should we just skip it?) And additional evidence. Since we are applying under the 5 year rule we dont need evidence related to our marriage correct? Is there anything else we should include?

 

As far as the traffic ticket goes I'm seeing multiple sources say that if it was under $500 it doesn't need to be included. However going through the rest of the immigration process we have learned that too much documentation is better than not enough so I think were gonna include it anyways. It looks like if we do so we need to upload certified copies of everything from the court. What documents exactly do we need? Also there seems to be two questions about her criminal record that I quoted above that seem to be asking the same thing. Which one do we answer yes to or should we answer yes to both?

[Dashinka 23,271]

7 minutes ago, jg121783 said:

I forgot to mention she will be applying under the 5 year rule and not the 3 year marriage rule. At the end of the application it is asking for a marriage certificate to confirm her name change, a copy of her green card, evidence of paid child support (not sure why this is being asked for, should we just skip it?) And additional evidence. Since we are applying under the 5 year rule we dont need evidence related to our marriage correct? Is there anything else we should include?

 

As far as the traffic ticket goes I'm seeing multiple sources say that if it was under $500 it doesn't need to be included. However going through the rest of the immigration process we have learned that too much documentation is better than not enough so I think were gonna include it anyways. It looks like if we do so we need to upload certified copies of everything from the court. What documents exactly do we need? Also there seems to be two questions about her criminal record that I quoted above that seem to be asking the same thing. Which one do we answer yes to or should we answer yes to both?

I just went back to the N400 instructions and apparently they changed as of April 1, 2024.  They used to have a long list of evidence to bring to the interview (tax info, divorce decrees, etc.), but the new instructions pepper that verbiage throughout (how nice).  Anyway, if you are including tax information, or other items even under the 5 yr rule you can upload it in the additional information section.  Not sure why it is asking about child support, does she have children from a previous relationship.

[jg121783 3,907]

41 minutes ago, Dashinka said:

I just went back to the N400 instructions and apparently they changed as of April 1, 2024.  They used to have a long list of evidence to bring to the interview (tax info, divorce decrees, etc.), but the new instructions pepper that verbiage throughout (how nice).  Anyway, if you are including tax information, or other items even under the 5 yr rule you can upload it in the additional information section.  Not sure why it is asking about child support, does she have children from a previous relationship.

My wife and I have 2 children together and she has a son (my step son). All 3 of them live with us and are supported by us. The only questions I am seeing about the children are do they live with her and does she support them. Both questions are answered yes. I looked back at the application and cant see anywhere where we may have accidentally selected an answer that prompts them to ask for evidence of child support. I think maybe I will type up a short letter explaining that my wife has no child support obligations and we are unsure why the application is asking for evidence of child support.

 

I will be calling the court house today to see about getting certified records of her speeding ticket. That should be the only document holding us back from completing the application and getting it submitted which I hope to do by the end of the week. So if I understand correctly we should be submitting tax returns under additional evidence (to prove we filed and paid?). Considering we arent applying under the marriage rule is there any other evidence we should submit?

[Vickys_Mom 184]

Yes to one, No to two.  If the ticket was received and paid, she pled guilty to speeding.  If she was never in custody, the second doesn't apply.  A good rule of thumb...if she wore handcuffs, even briefly, she was detained and it will show up if someone looks at the report.

 

A speeding ticket is generally not a criminal charge, it's a civil offense.  If you pay it, you're done.

 

Attach information about the traffic ticket.  Prove it was paid.  Consider pulling a driver's record proving it was paid (or at least no one has a bench warrant out for her arrest). 

 

$500 seems like a lot so make sure it doesn't include anything like reckless driving that *would* constitute a misdemeanor.

 

I'm still not going to post the attorney's firm that did the research, but search "N-400 speeding ticket" and you'll find it.

 

*Do Not* skip it.  You've gotten this far, and you almost have the naturalization certificate in your hand.  Don't drop the ball before you score.

 

I have no advice about the child support question.

 

Regards,
Vicky's Mom

[jg121783 3,907]

3 minutes ago, Vickys_Mom said:

Yes to one, No to two.  If the ticket was received and paid, she pled guilty to speeding.  If she was never in custody, the second doesn't apply.  A good rule of thumb...if she wore handcuffs, even briefly, she was detained and it will show up if someone looks at the report.

 

A speeding ticket is generally not a criminal charge, it's a civil offense.  If you pay it, you're done.

 

Attach information about the traffic ticket.  Prove it was paid.  Consider pulling a driver's record proving it was paid (or at least no one has a bench warrant out for her arrest). 

 

$500 seems like a lot so make sure it doesn't include anything like reckless driving that *would* constitute a misdemeanor.

 

I'm still not going to post the attorney's firm that did the research, but search "N-400 speeding ticket" and you'll find it.

 

*Do Not* skip it.  You've gotten this far, and you almost have the naturalization certificate in your hand.  Don't drop the ball before you score.

 

I have no advice about the child support question.

 

Regards,
Vicky's Mom

I was confused about which question to answer yes to and which to answer no to but that clears it up. It was just a speeding ticket which is civil in Wisconsin and only a $225 fine. I'm gonna call the court to see about getting a certified court record of the charges and penalties and something saying all fines have been paid.

 

I guess the only question I have left now is what we should submit for additional evidence. I will send our tax transcripts (how many years is enough?). Other than that is there anything else we should send?

[minivatreni 109]

20 hours ago, jg121783 said:

Also under "additional evidence" is there anything else we should include?

tax transcripts (3-5 years depending on the filing category), proof of residency, I provided my residential lease.

[minivatreni 109]

3 hours ago, jg121783 said:

I forgot to mention she will be applying under the 5 year rule and not the 3 year marriage rule. At the end of the application it is asking for a marriage certificate to confirm her name change, a copy of her green card, evidence of paid child support (not sure why this is being asked for, should we just skip it?) And additional evidence. Since we are applying under the 5 year rule we dont need evidence related to our marriage correct? Is there anything else we should include?

 

As far as the traffic ticket goes I'm seeing multiple sources say that if it was under $500 it doesn't need to be included. However going through the rest of the immigration process we have learned that too much documentation is better than not enough so I think were gonna include it anyways. It looks like if we do so we need to upload certified copies of everything from the court. What documents exactly do we need? Also there seems to be two questions about her criminal record that I quoted above that seem to be asking the same thing. Which one do we answer yes to or should we answer yes to both?

Include the ticket for good measure even if under $500. Whatever you include shows good moral character 

[jg121783 3,907]

One more question. My wife and I traveled outside the US for about a month last year which I documented on the form. Do I need to submit any evidence of this?

[Vickys_Mom 184]

38 minutes ago, jg121783 said:

One more question. My wife and I traveled outside the US for about a month last year which I documented on the form. Do I need to submit any evidence of this?

If you had it, attach it.  I know you can get the I-94 records online, and perhaps look hers up and print it out since it'll have the dates she left and came back.

 

It does not sound like her residency was affected.

 

I'm at an extreme.  By the time my wife did her N-400 I had a two-inch binder of evidence I brought with us to each appointment.  No one needs 2 inches of evidence.  I think they looked at our Vegas wedding pictures to make sure Elvis didn't do the ceremony.  But we could have done the separate-interview-compare-the-notes (I can't remember what they call that) if we had to.  We had practiced.

 

Regards,

Vicky's Mom

Edited April 22 by Vickys_Mom

[OldUser 4,881]

9 minutes ago, Vickys_Mom said:

If you had it, attach it.  I know you can get the I-94 records online, and perhaps look hers up and print it out since it'll have the dates she left and came back.

 

It does not sound like her residency was affected.

 

I'm at an extreme.  By the time my wife did her N-400 I had a two-inch binder of evidence I brought with us to each appointment.  No one needs 2 inches of evidence.  I think they looked at our Vegas wedding pictures to make sure Elvis didn't do the ceremony.  But we could have done the separate-interview-compare-the-notes (I can't remember what they call that) if we had to.  We had practiced.

 

Regards,

Vicky's Mom

I'd argue that you need to always build the strongest case possible. If it requires 2 inches of evidence - so be it. If it requires less - great.

 

In my observation, people who bring thick files don't get asked much and their evidence often is not looked at. But folks who bring two pieces of paper or nothing with them get asked a lot of questions and / or issued RFEs.

 

Strong evidence is an insurance that costs a little more to print. If one can afford - in my opinion is totally worth it

 

One should be ready for everything, including stokes as you mentioned. Because you were prepared your interview went smooth. But if one takes it easy - that's when one gets hard times by IO.

Edited April 22 by OldUser