Naturalization based on marriage to a US citizen

[daphne2109 0]

Hi all,

I have a small question that I want to make sure 100% I understood, while I have to send the docs, is it just enough one of the listed docs requested as evidence that my hubby is a US citizen, right?

So that means, that can be sent birth Certificate, or for example US Passport copy, or Certificate of Citizenship, one of those is enough, right?

Sorry if my question sounds stupid, but thanks whoever will help me to clarify!!!!!

Good luck & thanks!!!!

[franklocks 0]

Hey, there is nothing like stupid question when it comes to dealing with USCIS. You never know!. Now to your substantive question; you will have to provide that information if your application is based on 3 years of marriage to the US citizen. If that is the case then, you may want to send one of those items, or to be in a good position, why not send every item that shows your spouse is a US citizen. Just thinking aloud! In my case though, I sent the following;

1. Copies of outside, inside and signature pages of passport

2. Spouse's birth certificate

So I will suggest that if you have every legitimate document to prove your case on any question asked, just add them. No amount of docs is too much. Just sharing a thought. Good luck!

Hi all,

I have a small question that I want to make sure 100% I understood, while I have to send the docs, is it just enough one of the listed docs requested as evidence that my hubby is a US citizen, right?

So that means, that can be sent birth Certificate, or for example US Passport copy, or Certificate of Citizenship, one of those is enough, right?

Sorry if my question sounds stupid, but thanks whoever will help me to clarify!!!!!

Good luck & thanks!!!!

[NickD 202]

Seemed redundant to me, already had to prove I was a US citizen when bringing my wife here. Also had to prove I was legally divorced and free to marry my wife, and had to prove we were legally married. That long procedure took almost a year before she was issued an conditional green card, never heard about that either.

For the vast majority of filling out the N-400 using Adobe Acrobat, copied and pasted most of the stuff from previous forms. All the evidence we submitted was identical to what we supplied for the AOS and I-751 with just a couple of pieces of new paper proving we were still married and living together.

In filling out the N-400, brought a new definition of the word "redundant" to me, got me to wondering if the USCIS figured my wife got her green card out of a Cracker Jack box. You just do it and with a smile. Same old stuff and three long 430 mile trips for the same fingerprints. The oath was new, wonder why they don't make you say an oath to get your green card. Maybe I wonder too much.

[daphne2109 0]

Seemed redundant to me, already had to prove I was a US citizen when bringing my wife here. Also had to prove I was legally divorced and free to marry my wife, and had to prove we were legally married. That long procedure took almost a year before she was issued an conditional green card, never heard about that either.

For the vast majority of filling out the N-400 using Adobe Acrobat, copied and pasted most of the stuff from previous forms. All the evidence we submitted was identical to what we supplied for the AOS and I-751 with just a couple of pieces of new paper proving we were still married and living together.

In filling out the N-400, brought a new definition of the word "redundant" to me, got me to wondering if the USCIS figured my wife got her green card out of a Cracker Jack box. You just do it and with a smile. Same old stuff and three long 430 mile trips for the same fingerprints. The oath was new, wonder why they don't make you say an oath to get your green card. Maybe I wonder too much.

Thank you NickD, I know it's very "redundant" all of it, since as you say we have to present again & again the same stuff..............You are right.........all of us I gfuess we got the GC in a cracker Jack box, or in a chips package (we say that in my country , Italy)..........so boring everything..........but thanks for sharing your feeling, which I agree totally with you!!!!!!!!!

Hey, there is nothing like stupid question when it comes to dealing with USCIS. You never know!. Now to your substantive question; you will have to provide that information if your application is based on 3 years of marriage to the US citizen. If that is the case then, you may want to send one of those items, or to be in a good position, why not send every item that shows your spouse is a US citizen. Just thinking aloud! In my case though, I sent the following;

1. Copies of outside, inside and signature pages of passport

2. Spouse's birth certificate

So I will suggest that if you have every legitimate document to prove your case on any question asked, just add them. No amount of docs is too much. Just sharing a thought. Good luck!

Thanks for your reply, and good luck for the process!!!!!!!

[lucyrich 20]

Note that the required proof will depend somewhat on how he became a citizen. If he became a citizen by being born inside the US, then his birth certificate will work. If he was naturalized, then his naturalization certificate would work (and his birth certificate would probably be useless for proving US citizenship). In either case a passport would probably work, but note that it's required that you prove not only that he IS a citizen, but that he HAS BEEN a citizen for at least the past three years. So a recently issued passport, in some cases, might not be enough to prove that he has been a citizen for a long enough period of time. A passport that's more than three years old should work.

[antda 13]

Hi Daphne2109,

Nice to see you again on VJ!

In answer to your question: To prove your husband's US Citizenship for at least 3 years, you can send in a copy of: his US birth certificate (if born in the USA), his certificate of citizenship/naturalization (if naturalized in the USA), US passport (valid for at least 3 years prior, as lucyrich pointed out in a previous post)....You can send in all of these, or one of these, whichever you and your husband prefer and applies to your case.

As long as it shows that he has been a US citizen for at least 3 years, then that is sufficient enough.

In my situaiton, for the N-400:

I sent in a copy of my husband's US birth certificate only, as he has never had (and to this day, still does not have) a US passport. And they were ok with just a copy of his birth certificate.

In lieu of a US passport, as well, I sent in a copy of his NYS Enhanced License (these are optional licenses issued to US Citizens in NYS for cross-border land travel), which also proves US Citizenship too. And they were ok with that too (even though this was optional...and nowhere mentioned on the N-400 forms).

Lol..My husband was not naturalized, so there is no naturalization certificate here.

Hope this helps. Good luck on your journey and N-400 application too.

Ant

P.S. I just got your e-mail...Will reply to that soon....

Hi all,

I have a small question that I want to make sure 100% I understood, while I have to send the docs, is it just enough one of the listed docs requested as evidence that my hubby is a US citizen, right?

So that means, that can be sent birth Certificate, or for example US Passport copy, or Certificate of Citizenship, one of those is enough, right?

Sorry if my question sounds stupid, but thanks whoever will help me to clarify!!!!!

Good luck & thanks!!!!

Edited March 12, 2010 by Ant+D+BabyA

[antda 13]

Seemed redundant to me, already had to prove I was a US citizen when bringing my wife here. Also had to prove I was legally divorced and free to marry my wife, and had to prove we were legally married. That long procedure took almost a year before she was issued an conditional green card, never heard about that either.

For the vast majority of filling out the N-400 using Adobe Acrobat, copied and pasted most of the stuff from previous forms. All the evidence we submitted was identical to what we supplied for the AOS and I-751 with just a couple of pieces of new paper proving we were still married and living together.

In filling out the N-400, brought a new definition of the word "redundant" to me, got me to wondering if the USCIS figured my wife got her green card out of a Cracker Jack box. You just do it and with a smile. Same old stuff and three long 430 mile trips for the same fingerprints. The oath was new, wonder why they don't make you say an oath to get your green card. Maybe I wonder too much.

NickD-Lol..I wonder about the USCIS too...(lol..despite being done with them now..)

I agree, that it was very "redundant" to re-send all the "evidence" over and over again...

And to add insult to injury, they had all the previous information all along...They were just too lazy to look at the stuff they had before, and wanted us to do all the work and submit the stuff all over again..And yes, it was a shock to see the 3-4 inch folder of paperwork accumulated over the years..

Same goes with the fingerprints/biometrics too..And it certainly doesn't help those whose "local" offices aren't exactly local and are long-distance instead.

Then they have the nerve to charge so much in fees! Heck, they should be paying us for preparing the paperwork for them...lol..just kidding...

Oh well...I kind of figured it out this way though..

"If evidence is what you want, evidence is what you get! You waste my time, I waste yours"...

I'm glad that I overwhelmed them with 100+ pages of "evidence" for each of my cases! (that's about 300-400 pages total over the years..)

"Better safe than sorry!", indeed!

Now I have to really wonder: What do they do with all those old files and paperwork afterwards? Hmmmm......

Ant

Edited March 12, 2010 by Ant+D+BabyA

[NickD 202]

I have a fireproof legal size filing cabinet that is consuming about a foot of depth for all the immigration papers and documentation for both my wife and daughter. Outside of the legal documents, thought about pitching all that stuff, but what happens if something comes up? Would be dead meat. Forgot when I first contacted the USCIS had a thick folder full of forms that require a typewriter or a steady hand to fill out. Didn't know at the time all these forms with updated instructions and fillable were on the net. So that is all I pitched.

With each application, made a complete duplicate copy because I heard the USCIS tends to lose stuff and can you imagine the extra work to compile all that stuff again? And trying to remember all that stuff? Could have pitched that, but elected not to do so, seems like whenever I pitch something, need it the day after.

Maybe I will just purchase another filing cabinet.

I was so fried up after my disastrous divorce, I tossed the entire thick file in the trashcan when I got home. But after I cooled down and before the garbageman came, recovered it. Sure needed all that stuff for immigration. You never know.

[leahandlucas 15]

Note that the required proof will depend somewhat on how he became a citizen. If he became a citizen by being born inside the US, then his birth certificate will work. If he was naturalized, then his naturalization certificate would work (and his birth certificate would probably be useless for proving US citizenship). In either case a passport would probably work, but note that it's required that you prove not only that he IS a citizen, but that he HAS BEEN a citizen for at least the past three years. So a recently issued passport, in some cases, might not be enough to prove that he has been a citizen for a long enough period of time. A passport that's more than three years old should work.

can you point out the law section on a U.S.C being a citizen for at least 3 years based on this circumstance please Lucyrich?? thanks.

[antda 13]

can you point out the law section on a U.S.C being a citizen for at least 3 years based on this circumstance please Lucyrich?? thanks.

Leahandlucas-Lol..I'm not lucyrich...

But I can tell you that the USC being a citizen for at least 3 years is on the first page (page 1) of the N-400 application form..

It is stated on the checkbox, to which you are applying based on....

(it says something about the spouse being a spouse being a US citizen for at least 3 years, 3 years of permanent residency, at least 18 years old, and 3 years still married..or something along those lines....read the form...it's the second checkbox)

Hope this helps too.

Ant

Edited March 12, 2010 by Ant+D+BabyA

[antda 13]

I have a fireproof legal size filing cabinet that is consuming about a foot of depth for all the immigration papers and documentation for both my wife and daughter. Outside of the legal documents, thought about pitching all that stuff, but what happens if something comes up? Would be dead meat. Forgot when I first contacted the USCIS had a thick folder full of forms that require a typewriter or a steady hand to fill out. Didn't know at the time all these forms with updated instructions and fillable were on the net. So that is all I pitched.

With each application, made a complete duplicate copy because I heard the USCIS tends to lose stuff and can you imagine the extra work to compile all that stuff again? And trying to remember all that stuff? Could have pitched that, but elected not to do so, seems like whenever I pitch something, need it the day after.

Maybe I will just purchase another filing cabinet.

I was so fried up after my disastrous divorce, I tossed the entire thick file in the trashcan when I got home. But after I cooled down and before the garbageman came, recovered it. Sure needed all that stuff for immigration. You never know.

NickD- Likewise, I've been tempted to burn all that paperwork in a big bonfire in my backyard too....

Unfortunately, I cannot do such...So the paperwork keeps on building up....

And the thought of being "dead meat" and not being able to replace important documents that are in itself a nightmare to get back again....

Ahh..and that ever-so important naturalization certificate....Sure don't want to deal with the USCIS again for a replacement.....

Blah...I hate my house being cluttered with paperwork like this...Sigh....Bonfire, anyone else?

Ant

Edited March 12, 2010 by Ant+D+BabyA

[lucyrich 20]

can you point out the law section on a U.S.C being a citizen for at least 3 years based on this circumstance please Lucyrich?? thanks.

Ant+d+babya correctly pointed out that the N-400, part 2, box B states the requirement, but of course that's not the law itself. The law is in INA 319(a).

Any person whose spouse is a citizen of the United States, or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.

The N-400 part 2 language seems more straightforward and easier to understand, though. And it's more "in your face", because you have to read it and check the appropriate box. By checking box "B" you are affirming that your US Citizen spouse has been a citizen for at least the past three years.