N-400 evidence of marriage

[A.A 22]

My wife obtained her green card, and successfully had the condition removed, resulting in the issuance of her 10-year green card. Now she wants to apply for U.S. citizenship N-400.

 

Just two questions

1) Reason for filing, will she need to select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

2) What evidence do I need to submit with the N-400? I know she will need to submit her green card front/back, my certificate of Naturalization, because I am her spouse.  Am I missing anything else?

 

Do I need to submit anything else with the application such proof of continuous marriage (tax returns, kids birth certificate, house under our name together. Or do not submit it?

 

 

[OldUser 5,496]

34 minutes ago, A.A said:

Just two questions

1) Reason for filing, will she need to select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

 

If she's been an LPR for 5 years (minus 90 days for early filing) she can select general. Otherwise either wait for general or file based on marriage

[OldUser 5,496]

38 minutes ago, A.A said:

 

2) What evidence do I need to submit with the N-400? I know she will need to submit her green card front/back, my certificate of Naturalization, because I am her spouse.  Am I missing anything else?

 

Depends on which rule she applies. If under marriage, she'd have to submit pretty much similar stuff as for I-751. 

 

If under general, she doesn't need to provide proof of bonafide marriage.

 

In both cases it's advisable to submit copies of tax return transcripts (3 or 5 years based on what rule she's applying)

Edited May 15 by OldUser

[Laure&Colin 538]

20 minutes ago, OldUser said:

Depends on which rule she applies. If under marriage, she'd have to submit pretty much similar stuff as for I-751. 

 

If under general, she doesn't need to provide proof of bonafide marriage.

 

In both cases it's advisable to submit copies of tax return transcripts (3 or 5 years based on what rule she's applying)

 

Just to add that I had my interview yesterday, and although I applied under the general provision, the officer asked me questions about my marriage. It can't hurt to submit a few key pieces of evidence of bona fide marriage. He specifically asked about joint property (house, car) or both being on the rental agreement, being on the same health insurance plan, and whether he was with me on my last trip abroad. I had already submitted tax transcripts that showed we filed jointly.

[OldUser 5,496]

4 minutes ago, Laure&Colin said:

 

Just to add that I had my interview yesterday, and although I applied under the general provision, the officer asked me questions about my marriage. It can't hurt to submit a few key pieces of evidence of bona fide marriage. He specifically asked about joint property (house, car) or both being on the rental agreement, being on the same health insurance plan, and whether he was with me on my last trip abroad. I had already submitted tax transcripts that showed we filed jointly.

Yes, questions about marriage can pop up during N-400 under 5 year rule too. It's just the depth of questions might be less compared to 3 year rule case. Naturalization is the last chance for USCIS to deport somebody. They can ask anything, even pertaining tourist visa visits from 10 years ago. Even if statutory period is only 5 years.

Edited May 15 by OldUser

[A.A 22]

 

 

I am not sure whether to select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

Here is the reason, 

 

She came to the U.S. in June 2019, applied to remove condition in 2021, received her full green card February 2024.

Next month will be 5 years. I am sending the application this week.

 

What is the better option? select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

[Crazy Cat 40,527]

31 minutes ago, Laure&Colin said:

He specifically asked about joint property (house, car) or both being on the rental agreement, being on the same health insurance plan

That sounds odd.  Under the general provision, there is no requirement to be in marital union with a US citizen spouse....especially since you had been a Green Card holder for more than 10 years.

[Crazy Cat 40,527]

9 minutes ago, A.A said:

 

 

I am not sure whether to select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

Here is the reason, 

 

She came to the U.S. in June 2019, applied to remove condition in 2021, received her full green card February 2024.

Next month will be 5 years. I am sending the application this week.

 

What is the better option? select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

If, next month, she has had a Green Card for 5 years, then file under the General provision.  Don't make this more difficult than it has to be.  Filing as a spouse of a US citizen will require you to submit the same type of evidence as you did for the I-751.  If you file under the 3 year rule, this will apply:

A STEP-BY-STEP GUIDE to COMPLETING THE NEW N-400 (ilrc.org)

Item B: An application based upon marriage to a U.S. citizen for three years. INA § 319(a) allows such applicants to become eligible to naturalize after just three years of lawful permanent resident status. Filing under this provision requires proof that the marriage and the U.S. citizen spouse’s citizenship are valid. An applicant must provide the naturalization certificate or U.S. birth certificate of the U.S. citizen spouse and a marriage certificate. If either spouse was previously married, the applicant must produce documents showing proper termination of the earlier marriage(s)

Edited May 15 by Crazy Cat

[Laure&Colin 538]

58 minutes ago, Crazy Cat said:

That sounds odd.  Under the general provision, there is no requirement to be in marital union with a US citizen spouse....especially since you had been a Green Card holder for more than 10 years.

 

I thought so too 🤷‍♀️

He also asked if we had ever lived apart. Weird since I got my ROC approved exactly 10 years ago. I didn't even have an interview back then, evidence submitted was sufficient.

[OldUser 5,496]

1 hour ago, Crazy Cat said:

That sounds odd.  Under the general provision, there is no requirement to be in marital union with a US citizen spouse....especially since you had been a Green Card holder for more than 10 years.

I heard of this happening before. I'm sure if a lawyer was present, IO wouldn't dare asking irrelevant stuff...

[OldUser 5,496]

1 minute ago, Laure&Colin said:

 

I thought so too 🤷‍♀️

He also asked if we had ever lived apart. Weird since I got my ROC approved exactly 10 years ago. I didn't even have an interview back then, evidence submitted was sufficient.

I guess USCIS wanted to ensure ROC wasn't issued in error. As we know past approvals don't guarantee approval for subsequent petitions. Everything can be rechecked at any point in immigration.

[Laure&Colin 538]

1 hour ago, A.A said:

 

 

I am not sure whether to select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

Here is the reason, 

 

She came to the U.S. in June 2019, applied to remove condition in 2021, received her full green card February 2024.

Next month will be 5 years. I am sending the application this week.

 

What is the better option? select spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)? Or General Provision?

 

Definitely general provision since she qualifies for that. I would still upload tax transcripts, kids birth certificates and title for your house in both your names.

 

Also it's HER petition at this point, she's filing for US citizenship, not you. She needs to be able to say why SHE wants to become a citizen when asked. Even if you're the one usually dealing with paperwork, make sure she's involved in the process.

[A.A 22]

11 minutes ago, Laure&Colin said:

 

Definitely general provision since she qualifies for that. I would still upload tax transcripts, kids birth certificates and title for your house in both your names.

 

Also it's HER petition at this point, she's filing for US citizenship, not you. She needs to be able to say why SHE wants to become a citizen when asked. Even if you're the one usually dealing with paperwork, make sure she's involved in the process.

Understandable, well she has the evidence already printed out, she has more than enough. Does it hurt if she selects spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)?

I understand the part where she can select general, but she had everything prepared as if she selected spouse of U.S. citizen option, question is will it hurt? She is shipping the application within a day or so.

1 hour ago, Crazy Cat said:

If, next month, she has had a Green Card for 5 years, then file under the General provision.  Don't make this more difficult than it has to be.  Filing as a spouse of a US citizen will require you to submit the same type of evidence as you did for the I-751.  If you file under the 3 year rule, this will apply:

A STEP-BY-STEP GUIDE to COMPLETING THE NEW N-400 (ilrc.org)

Item B: An application based upon marriage to a U.S. citizen for three years. INA § 319(a) allows such applicants to become eligible to naturalize after just three years of lawful permanent resident status. Filing under this provision requires proof that the marriage and the U.S. citizen spouse’s citizenship are valid. An applicant must provide the naturalization certificate or U.S. birth certificate of the U.S. citizen spouse and a marriage certificate. If either spouse was previously married, the applicant must produce documents showing proper termination of the earlier marriage(s)

Understandable, well she has the evidence already printed out to support our marriage, she has more than enough evidence. Does it hurt if she selects spouse of U.S. citizen (eligibility based on Marriage to a U.S. Citizen)?

I understand the part where she can select general, but she had everything prepared as if she selected spouse of U.S. citizen option, question is will it hurt? She is shipping the application within a day or so.

[Crazy Cat 40,527]

3 minutes ago, A.A said:

She is shipping the application within a day or so.

I would file an online N-400.

[A.A 22]

5 minutes ago, Crazy Cat said:

I would file an online N-400.

she is doing the fee waiver as she has Medicaid. Because when she got pregnant, the state gave her Medicaid automatically as she was laid off from work.

fee waiver requires it to be shipped.