N-400 based on 3 yr marriage to USC

[ryna 132]

Just curious since I am the USC...

I know that, generally speaking, citizenship is between the petitioner and USCIS only, but since my wife's N-400 filing (she'll be able to file in a few months) will be based on our marriage, will USCIS require anything of me, the USC spouse? I only ask because, during the AOS process, I had to make some career decisions that I otherwise would not have made just to meet the USCIS I-864 income requirements and, now that she has her 10 yr GC, I want to be sure that I don't have any more USCIS obligations other than the I-865, change of address, if we move (until she is a USC, of course.) No income restrictions, no travel restrictions (i.e. must be available (USC spouse) for an interview at USCIS discretion), etc.

I, for one, am definitely over USCIS...

Also, this is more to her N-400 filing. I have read that a petitioner must have been in the U.S. for 18 months (based on the 3-yr filing). Since her arrival (and her Conditional GC approval), we will have been out of the U.S. for a total of 2-1/2 months but the last time was nearly 2 years ago so she's over the 18 month continuous mark right now. It's just that we're going on a trip to visit her family (in Colombia) in a couple weeks and I would hate for a 2-3 week (max) trip to reset the clock. This won't be a problem for her upcoming filing this fall, right?

[Messybrownhair 251]

My husband was not really involved when I prepared my n400 other than needing his birth certificate and our joint taxes, and some of his info on the form but he didn't have to sign anything. The trip won't matter, as long as she wasn't away for over 6 months

[ryna 132]

My husband was not really involved when I prepared my n400 other than needing his birth certificate and our joint taxes, and some of his info on the form but he didn't have to sign anything. The trip won't matter, as long as she wasn't away for over 6 months

Thanks... That's what I thought about the trip but I just wanted to confirm that it wasn't a continuous presence requirement.

And, of course, she'll get anything she needs from me. I just wanted to make sure I wasn't really involved anymore because USCIS cost me a job during the AOS process. They "kindly" scheduled, after 8 months of waiting, our AOS interview during the biggest trade show in my industry and when I told my then-boss that I'd need at least that morning off at the request of the Federal gov't, he told me that I'd may as well leave (the company) right then and there. Not a big deal since I wouldn't have accepted the job in the first place if my wife hadn't been waiting on AOS at the time (for I-864 purposes) but it did set me back some and I don't want any more USCIS issues going forward.

[ryna 132]

One more thing, speaking of birth certificates... Does it have to be an original, certified copy or will a photocopy do? I only have one copy with the raised seal and would need to get another one since I don't want to send my one and only certified copy to USCIS. Or, will they accept a photocopy of my US passport as evidence that I am a USC?

Just thinking ahead if I will need to gather any documents for her...

Edited May 3, 2014 by ryna

[Messybrownhair 251]

A copy will be fine

[NickD 203]

Only original we sent in with our application was our Wisconsin marriage certificate, says right on there, against the law to make any copies of it. Cost us 8 bucks to get another original and how would this look to the USCIS if we broke our state's crazy law?

Wife had common sense to say NO to here IO, she wanted my wife's original home countries divorce paper. Told her would cost us at least $3000 to get another copy. Not suppose to do this anyway, you walk out with ALL of your originals, no exceptions. If they want anything, suppose to make a copy of the original and give you the original back.

Some even reported on this board, they kept their green cards, how crazy can some of these IO's be? Need to turn those in at your oath ceremony, and without it, won't get your certificate.

When hearing about others with experience for their interviews, made a point to go in with my wife, typed out all the evidence we brought in, and checked everything before we left before leaving to make darn sure it was all there. Suggest everyone here do the same.