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Filed: K-1 Visa Country: Ukraine
Timeline
Posted

My husband came on a K1 and we've been married 9 years but were separated for 1 1/2 years in 2021-2022. We weren't legally separated and he never changed his mailing address or car registrations. We are finally doing the N400 and when it asks to list where he lived the last 5 years I'm not sure if I should only list our home since that's been his legal address or also add the home he rented a room at while we were separated. He is filing under the general eligibility. 

Also we were in Mexico from April until August 2 of this year doing a family Christian program at YWAM. One of the requirements of eligibility is proving continuous residency in the same state for the 3 months prior to applying for naturalization. We kept the house we own and still live in, and have returned to working (although he has a new job than the one he had before we went to Mexico). I know legally he maintained his WA state residency but will it be a problem for USCIS? Should I make a statement explaining the purpose of going to Mexico? And show proof of continuing to pay our mortgage and proof of working upon arriving home? Or is that unnecessary?

What other supporting evidence for general eligibility should be sent in? Passport pages? IRS transcripts? Proof of tradeschool attendance? Should I be proving he's been in the US all this time or is that not necessary unless they ask for more evidence?

Also he didn't registered for selective service when he came to the US. He was 25. He's now 34 and according to the online application doesn't need to submit the letter from selective service or a written statement regarding why he didn't register. I'm still nervous though! We don't even remember why he didn't register other than we didn't realize he needed to since he wasn't a citizen.  Anyone have experience with this?

Thank you!

 

Filed: K-1 Visa Country: Spain
Timeline
Posted

Do not complicate your life: 

As mailing addresses and car registrations were not changed, there is no need to add evidence to the contrary and possibly raise question marks.  

 

As for the continuous residency requirement, the evidence you have (deed to house, mortgage, taxes) is more than sufficient.

If asked during the interview why both of you were absent, simply explain your attendance in the program and that you did maintain residency in the state - have evidence on hand to attest to that fact is asked. 

 

 

Posted
7 hours ago, laci1806 said:

but were separated for 1 1/2 years in 2021-2022. We weren't legally separated and he never changed his mailing address or car registrations. We are finally doing the N400 and when it asks to list where he lived the last 5 years I'm not sure if I should only list our home since that's been his legal address or also add the home he rented a room at while we were separated.

He should absolutely list address at which he lived for 1.5 years. Sure, he didn't change address with USCIS or DMV, but I doesn't matter. Question asks about addresses where he lived, not addresses where he pretended to live.

Posted (edited)
22 minutes ago, JaredShadkin said:

Do not complicate your life: 

As mailing addresses and car registrations were not changed, there is no need to add evidence to the contrary and possibly raise question marks.  

You're suggesting lying on N-400 form to avoid uncomfortable questions? That's a risky strategy.

 

I applied under 5 year rule and despite of that was asked whether I ever lived separately from my spouse at any point by officer. What would OP say? You really cannot lie under oath!

 

OP has to face questions, whether comfortable or not. Truth won't disqualify him, he's applying under 5 year rule. Lie can cause a big problem.

Edited by OldUser
Filed: K-1 Visa Country: Ukraine
Timeline
Posted

Its not that we wanted to lie. We aren't worried about the separation disqualifying him at all. I was actually more concerned that if we list the house he rented a room at but he didn't legally change his address to that home, it would look like a discrepancy. 

 

Posted (edited)
50 minutes ago, laci1806 said:

Its not that we wanted to lie. We aren't worried about the separation disqualifying him at all. I was actually more concerned that if we list the house he rented a room at but he didn't legally change his address to that home, it would look like a discrepancy. 

 

Imagine he does't list it.

Officer asks him under oath to confirm all addresses he lived at. What would he say? Officer asks whether he and you lived apart at any point. What would he say? Sure, he was required by law to update his address with USCIS within 10 days of moving. 

Edited by OldUser
Filed: K-1 Visa Country: Ukraine
Timeline
Posted

thank you for replying! We didn't realize he should've changed his address with USCIS since it seemed like an unofficial move! He still spent weekends and time on weekdays at our home and didn't move most of his belongings. Will definitely list it on the application and add a statement. 

Filed: K-1 Visa Country: Ukraine
Timeline
Posted

So should we not explain anything that's not required? He was planning to write an explanation of our 4 month trip to Mexico but technically that's not required either because it was under 6 months. Also he was going to explain his address/our separation. But that's also not required on the online application. 

I'm so used to providing a ton of evidence for immigration it feels strange not to do it for such an important application. Should he send in copies of IRS transcripts or is that more for the interview if they request it?

The only thing they asked for is a copy of his greencard and our marriage certificate.

Filed: Citizen (apr) Country: Ecuador
Timeline
Posted
2 hours ago, laci1806 said:

not explain anything that's not required

As with every prior phase of this immigration process:  Read carefully, interpret literally, and respond completely & honestly.  If it's not required, avoid reading something into situations that isn't there.

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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