N400 Questions Clarification Needed (Moral Character, Travel History, Scanned Documents)

[N400applicantN400 2]

Hello VisaJourney Community, 

I need advice regarding filling out the N400 form. I am applying based on the 3-year rule, and I will be eligible to apply in a week. 

1) Before getting a green card, I had to voluntarily withdraw my application for admission at some point. I was issued an I275 and later received my immigrant visa and had no problem entering the country. In the 400N form, do I need to respond yes to the question asking if I have ever been removed or deported from the U.S.? And if I have ever been arrested, cited,detained or confined by immigration official for any reason, and if I have ever been placed in removal, rescission or deportation proceedings? I still have the I275 form, and I am planning on attaching it in the addition evidence section, but I wanted to know if any of these questions apply to my situation. 

2) The N400 asks about the travel history for the last 3 years. Since I am applying 3 months earlier, the 3 month period covers the time when I was not in the U.S., because I was not a resident at that time. Do I need to mention that? 

 

3) I know that NVC has been very particular about the way that the documents have to be scanned and attached. Is there a rule that USCIS follows? What document orientation is required? 
 

4) I know that good moral character used to mean not having any criminal record. I believe that has changed now. Do I need to attach letters of volunteering, a recommendation letter from work and things like that? 

Thanks a lot! 

[JD2 262]

17 hours ago, N400applicantN400 said:

do I need to respond yes to the question asking if I have ever been removed or deported from the U.S.?

No, but if you apply by paper, you can go to the last page and put an explanation.

 

17 hours ago, N400applicantN400 said:

Do I need to mention that? 

No, only travel history since arriving in the USA

 

17 hours ago, N400applicantN400 said:

What document orientation is required? 

Portrait

 

17 hours ago, N400applicantN400 said:

Do I need to attach letters of volunteering, a recommendation letter from work and things like that? 

The policy memo states "USCIS will place greater emphasis on an alien’s positive attributes and contributions in GMC
determinations. These positive factors include, but are not limited to:
• Sustained community involvement and contributions in the United States.
• Family caregiving, responsibility, and ties in the United States.
• Educational attainment.
• Stable and lawful employment history and achievements.
• Length of lawful residence in the United States.
• Compliance with tax obligations and financial responsibility in the United States."  

 

My wife got an affidavit from her priest but I have not heard of anyone getting denied due to not having GMC letter.  Can't hurt.

 

https://www.uscis.gov/sites/default/files/document/policy-alerts/08.15.2025-Restoring_a_Good_Moral_Character_Evaluation_Standard_for_Aliens_Applying_for_Naturalization-Policy_Memorandum_FINAL.pdf

[Dashinka 26,576]

Just curious as to which path you took for a GC?  If through a K1/I485 you are fine with filing in the 90 day early filing period, if through a spousal visa, you should wait to file until after you have actually passed you 3rd year anniversary of getting your GC.

 

Good Luck!

[N400applicantN400 2]

Thank you for your replies!

Dashinka, what if I have already been married for more than 3 years (green card class code IR1), do I still have to wait for 3 years? I read the article you sent me, but now I am confused. Thank you!

[PGA 366]

38 minutes ago, N400applicantN400 said:

Thank you for your replies!

Dashinka, what if I have already been married for more than 3 years (green card class code IR1), do I still have to wait for 3 years? I read the article you sent me, but now I am confused. Thank you!

You have a couple of things you need to meet: 3 years of marriage (for filing under 3 year rule) AND 3 years as a permanent resident (special emphasis on the term resident) with no lengthy and/or overly frequent absences from the United States. That said, you can apply for the N400 90 days before the date on your green card and as @Dashinka mentioned, most people caution against filing on the exact 90 day mark, even suggesting to file several days later, such as day 85.   

[Dashinka 26,576]

4 hours ago, N400applicantN400 said:

Thank you for your replies!

Dashinka, what if I have already been married for more than 3 years (green card class code IR1), do I still have to wait for 3 years? I read the article you sent me, but now I am confused. Thank you!

 

3 hours ago, PGA said:

You have a couple of things you need to meet: 3 years of marriage (for filing under 3 year rule) AND 3 years as a permanent resident (special emphasis on the term resident) with no lengthy and/or overly frequent absences from the United States. That said, you can apply for the N400 90 days before the date on your green card and as @Dashinka mentioned, most people caution against filing on the exact 90 day mark, even suggesting to file several days later, such as day 85.   

Actually, I am referring to the requirement to be “living in a marital union” for three years prior to filing (not at the time of the interview or oath).  This requirement can trip up those filing under the 3 yr rule if they entered on a spousal visa as living apart even if legally married may not satisfy the marital union requirement, so essentially the marital union begins when the immigrant enters the U.S. on their spousal visa and re-unites with their spouse.  Therefore the 90 day early filing may result in a petition being rejected for only being in a marital union for two years and nine months or so at the time of filing.  
 

I recommend if you entered and gained your LPR status via a spousal visa is to wait and file the N400 after you meet the three years of being an LPR and maybe add a few days just to be safe (see cautionary thread attached), and don’t file during the 90 day early filing period.  This does not usually hit the K1/AOS folks as the period of processing the AOS generally takes up the 90 days (not many AOSs being processed in less than 90 days).

 

I hope this makes sense.

 

Good Luck!

 

 

Edited 2 hours ago by Dashinka

[N400applicantN400 2]

3 minutes ago, Dashinka said:

 

Actually, I am referring to the requirement to be “living in a marital union” for three years prior to filing (not at the time of the interview or oath).  This requirement can trip up those filing under the 3 yr rule if they entered on a spousal visa as living apart even if legally married may not satisfy the marital union requirement, so essentially the marital union begins when the immigrant enters the U.S. on their spousal visa and re-unites with their spouse.  Therefore the 90 day early filing may result in a petition being rejected for only being in a marital union for two years and nine months or so at the time of filing.  
 

I recommend if you entered and gained your LPR status via a spousal visa is to wait and file the N400 after you meet the three years of being an LPR and maybe add a few days just to be safe (see cautionary thread attached).  This does not usually hit the K1/AOS folks as the period of processing the AOS generally takes up the 90 days (not many AOSs being processed in less than 90 days).

 

I hope this makes sense.

 

Good Luck!

 

 

Thank you so much for this insight! 

[TBoneTX 49,265]

We need even more threads as helpful as this one is.