Announcement

Collapse
No announcement yet.

questions on N400 eligibility and requirements

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • questions on N400 eligibility and requirements

    I am currrently filling up my N400 form. Here's my profile.

    1. I have been a permanent resident since april 2004. My green card will expire this july 2016.
    2. I have been married to the same man (US citizen) since 2003. He retired last year.
    3. I haven't work since 2004 not that I am lazy or stupid. I just want to take care of my husband and my dog. He financial supports me and we have a joint tax returns


    I fully understood all the 3 and 5 years eligibility requirements and conditions. The 3 years has more paperwork like spouse's birth cert, marriage cert, tax return transcripts, etc.

    My questions are:

    1. should I check 3 years or 5 years eligibility. I am aware that I can file for 5 years and not be dependent on my husband. My worry is that I have been unemployed since I became a permanent resident which might create a red flag to the interviewer. My husband and I have filed joint income taxes for for 11 years ( 2004 to 2014).

    2, if I check the 5 years, do I need to submit other docs like tax return transcript aside from the usual requirements so I can prove that I am not a burden to the society? or should I just submit the required docs (filing fee, 2x2 photos, copy of green card).

    Thank you in advance.
    Last edited by Conrey; 02-29-2016, 07:54 PM.

  • #2
    Originally posted by Conrey View Post
    I am currrently filling up my N400 form. Here's my profile.

    1. I have been a permanent resident since april 2004. My green card will expire this july 2016.
    2. I have been married to the same man (US citizen) since 2003. He retired last year.
    3. I haven't work since 2004 not that I am lazy or stupid. I just want to take care of my husband and my dog. He financial supports me and we have a joint tax returns


    I fully understood all the 3 and 5 years eligibility requirements and conditions. The 3 years has more paperwork like spouse's birth cert, marriage cert, tax return transcripts, etc.

    My questions are:

    1. should I check 3 years or 5 years eligibility. I am aware that I can file for 5 years and not be dependent on my husband. My worry is that I have been unemployed since I became a permanent resident which might create a red flag to the interviewer. My husband and I have filed joint income taxes for for 11 years ( 2004 to 2014).

    2, if I check the 5 years, do I need to submit other docs like tax return transcript aside from the usual requirements so I can prove that I am not a burden to the society? or should I just submit the required docs (filing fee, 2x2 photos, copy of green card).

    Thank you in advance.
    Since you qualify under both the 3-year and 5-year rules, you should apply under the 5-year rule, since that has less requirements.

    Whether you are or have been employed is irrelevant for naturalization.

    You would only need to submit the things they listed as required under the 5-year rule. You do not need to prove you are not a burden to society or anything like that.

    This is my personal opinion and is not to be construed as legal advice.

    Comment


    • #3
      1. Pick 5 year eligibility unless you have been outside the country too many days in the past 5 years or you have some criminal matter to be concerned about. If you have a criminal record you should consult an attorney before filing for NATZ any way.

      If you were to pick the 3 year eligibility option you would need to file bona fide marriage docs and prove you are still married to and living with your husband. It would just create more work for you.

      2. You submit the required docs with the application. You should still have bona fide marriage docs to show that your marriage is legit but you won't have to meet the higher standard that you do for the 3 year eligibility. The fact that your husband has been filing joint taxes with you for a decade would show that your husband has been supporting you financially while you take care of the house. That is not uncommon. There is no requirement that you be employed. The N-400 instructions tell you what you must provide.

      Good luck!
      Joseph Caraccio

      This response does not constitute legal advice and it does not establish an attorney-client relationship. I am not your lawyer and you should not rely on anything written above. I recommend you meet with an attorney. Immigration Law Resources | My Immigration Blog

      Comment


      • #4
        To newacct and Joseph Carracio,

        I've posted this question in another forum and you guys were the only ones who replied. I appreciate your time. I will check 5 years and just submit the required documents. During the interview, I will just bring along with me additional documents (like transcript, mortgage, etc) as stated before by one of the members (Sammy's post on june 2004). I just want to be prepared if in case the interviewer asks for more documents. Thank you very much.

        Comment


        • #5
          I have applied for my N-400 application last September 1, 2015, within the 90 day period, after becoming an LPR for almost 5 years since I received my green card on November 20, 2010. I have continously lived in Philadelphia, PA since my arrival in May 2010, and have finished my college degree at a local university. However, after I filed my N-400, I move to California for employment, and proceeded to make an Infopass to have my case transferred to the Fresno Field Office. I was made to fill out an AR-11 by the officer. On October 20, 2015, I had my fingerprints taken at Bakersfield Field Office. On February 24, 2016, I had my interview with an IO in Fresno. I passed the English and Civics exams, but the IO said he cannot make a decision yet because he was not sure about my 3 months residence. He told me he was going to refer this question to his supervisor. I checked at the USCIS website for my status, which said my application was "denied". I was hoping at least I would get an NOID to explain any issue the office had with my residency requirement. I have no priors and no agfel or problems with my taxes, and all that stuff. My question, should I believe what the USCIS webstite says, WHAT IT SAYS, that my application has been "denied", or will I get an NOID from the mail? Secondly, I cannot believe that the IO will raise the question about my residency if I have lived in Philadelphia since I got my GC, and met this requirement completely, and make an issue of my moving to CA after I have filed my N-400 application? Finally, suppose I get an outright DENIAL, will it be prudent to file an N-336 appeal, or should I just re-file my N-400 application, in CA this time? Hopefully, you can enlighten me on these questions. Thanks so much.

          Comment

          Sorry, you are not authorized to view this page

          Home Page

          Immigration Daily

          Archives

          Processing times

          Immigration forms

          Discussion board

          Resources

          Blogs

          Twitter feed

          Immigrant Nation

          Attorney2Attorney

          CLE Workshops

          Immigration books

          Advertise on ILW

          EB-5

          移民日报

          About ILW.COM

          Connect to us

          Questions/Comments

          SUBSCRIBE

          Immigration Daily



          Working...
          X