N400 Questions About Marriage

[JC101 0]

My wife, a permanent resident, is applying for citizenship based on our marriage of 8+ years. It was the first and only marriage for both of us. We are filling out the new N400 form and there are two questions about marriage that are ambiguous. I'm talking about Part 9, Questions 3 & 8.

#3: How many times have you been married (including annulled marriages and marriage(s) to the same person)? If you are single and have never been married indicate "0" and go to part 10.

#8: How many times has your current spouse been married (including annulled marriages and marriage(s) to the same person? If your current spouse has been married before provide the following information about your current spouse's prior spouse:

So, How many times has my wife (Question 3) and myself (Question 8) been married? 1 or 0? By reading only question 3 you might think that 1 is the correct answer. Ok fine. But when you get to question 8 it seems that the answer 0 is expected, which is confusing. You see, the instructions for question 3 (the instructions found in a separate document) don't clarify whether to include the current marriage or not. But the instructions for question 8 says: "If your spouse was married before, provide information about you current spouse's prior marriages..." I wasn't married before, so it seems that question 8 does not apply to me, so that would be 0 times married.

It doesn't specifically say whether to count the current marriage or not! All the confusion could have been solved by adding one word to clarify: How many times has your current spouse been PREVIOUSLY married?

Anyhow, can anyone help explain what is the correct answer to provide on the application for both questions? Thank you very much.

jeff & carol

[Nica_In_Love 98]

1 and 1.

[Dave&Roza 748]

They want to know how many times have you been married? You count the current marriage and any previous marriages. This is what happens when you try to make a single form cover several different situations. The option is to have all kinds of different forms and hope you get the write one--this is more like the IRS. I prefer the current USCIS method.

So if this is your wife's only marriage then her answer is '1' and if this is your only marriage then your answer is '1'. You just do not complete the information about previous spouses as the applicant is the current and only spouse.

Has she been a LPR for the past 5 years and qualifies under the 5 year rule? So I am assuming the two of you have been married for 8+ years, but she has only been a LPR of the US for 3+--correct? If not, then I would file based on the 5 year rule as it is much easier and less evidence than applying based on marriage.

Good luck,

Dave

[JC101 0]

Has she been a LPR for the past 5 years and qualifies under the 5 year rule? So I am assuming the two of you have been married for 8+ years, but she has only been a LPR of the US for 3+--correct? If not, then I would file based on the 5 year rule as it is much easier and less evidence than applying based on marriage.

Good luck,

Dave

Thanks for clarifying that one. My wife has been a permanent resident since 2006. You're right, she would also qualify under the 5-year rule. I thought that applying based on marriage would improve her chances of acceptance.

jeff

[BigDaddy28 228]

Thanks for clarifying that one. My wife has been a permanent resident since 2006. You're right, she would also qualify under the 5-year rule. I thought that applying based on marriage would improve her chances of acceptance.

jeff

No actually she will have to prove that her marriage is genuine if she applies under 3 year rule. Please keep in mind that applying under 5 year rule doesn't mean that the officer won't ask abut your marriage. So at the day of interview take some evidence for a good marriage. Good luck.

And to answer your questions: 1 and 1 are the right answers.

Edited March 2, 2014 by silkafi88

[lasko12 9]

#3: 1

#8: 1

[JC101 0]

Thanks to everyone who replied. 1 & 1 wins by a landslide.

[Dave&Roza 748]

No actually she will have to prove that her marriage is genuine if she applies under 3 year rule. Please keep in mind that applying under 5 year rule doesn't mean that the officer won't ask abut your marriage. So at the day of interview take some evidence for a good marriage. Good luck.

And to answer your questions: 1 and 1 are the right answers.

Under the three year rule the marriage is specifically mentioned in the guide to naturalization. On page 18 for a LPR for 5 years there is no mention what so ever of marriage. If the OP is married and files under the 5 years rule and lists the marriage, it may come up in conservation, but there is no requirement to prove anything about the marriage if using the "I have been a LPR for 5 years" as that applies to all LPR that want to become USC--married and single. The USCIS admits that 90% of all applicants fall into the LPR for 5 year category.

Since the OP has been a LPR for more than 5 years, I would recommend filing under that category as the marriage is irrelevant.

Dave

[BigDaddy28 228]

Under the three year rule the marriage is specifically mentioned in the guide to naturalization. On page 18 for a LPR for 5 years there is no mention what so ever of marriage. If the OP is married and files under the 5 years rule and lists the marriage, it may come up in conservation, but there is no requirement to prove anything about the marriage if using the "I have been a LPR for 5 years" as that applies to all LPR that want to become USC--married and single. The USCIS admits that 90% of all applicants fall into the LPR for 5 year category.

Since the OP has been a LPR for more than 5 years, I would recommend filing under that category as the marriage is irrelevant.

Dave

I agree that's why I said the officer might ask about the marriage. But some officers might want to see some bills even though you apply under 5 years. All I'm trying to do is help him/her, So when he/she goes to the interview and gets asked about evidence he/she wouldn't be surprised.

Edited March 3, 2014 by silkafi88