Question 46 on N-400 (Selective Service Registration)

[BirdyGirl85 23]

I think I know the answer to this question, and I have been searching the forms, but I want to be 100% certain. My husband and I have been talking about him applying to becoming a citizen starting sometime next month. I was looking over the N-400 form the other day, and had a question about question 46. A., which is "Are you a male who lived in the United States at any time between your 18th and 26th birthdays? (This does not include living in the United States as a lawful nonimmigrant.)"

My husband's timeline is like this, he moved to the U.S. on a K-1 visa, on October 25, 2010. We applied for his AOS January 12, 2011. He was 25 years old at that time. His birthday is February 16, so he turned 26 before his AOS was approved. His AOS was approved and he became a permanent resident on August 29, 2011.

So I am guessing while he was living in the U.S. when he came on the K-1 visa, and waiting for his AOS to be approved, he was a lawful nonimmigrant, right? So I believe he would answer "no" to this question?

I guess the reason I am wondering, is because he was still 25 when we first sent in his AOS, so I don't know if USCIS registered him automatically for the Selective Service. Does this matter if he was 26 years old when he became a permanent resident? I just remember reading that if he was registered, he will need to show proof during the interview, if he is currently under the age of 31. He just turned 30 last month.

Thanks for any help and advice you can give!

[BirdyGirl85 23]

Ok, I should of checked this before making this topic. But I just checked the Online Selective Service Record Search Results, and he actually was registered, on 9/13/2011. Why would USCIS register him if he was already 26 years old at that time? Well, anyways... So I assume I still answer "no" to that question on the N-400? But because my husband will probably be under the age of 31 by the time of his naturalization interview, he has to provide the proof that he was registered, right? Seems kind of silly you have to do that when you answer no to that question. But I want to make sure we have all the correct documents we will need at the interview. Thanks again.

[huy_le 32]

I got my GC when I was 27, I answered No and no problem at all. Naturalized last week at 30.

[JimmyHou 611]

The K1 is an immigrant visa. He was a lawful immigrant when he entered the US.

The Selective Service exemption is only for lawful non-immigrants.

Your husband was a lawful non-immigrant before he turned 26, so he was required to register, even through he wasn't a permanent resident yet.

No problem, since he was registered.

Edited March 23, 2015 by JimmyHou

[dioxide45 25]

The K1 is an immigrant visa. He was a lawful immigrant when he entered the US.

The Selective Service exemption is only for lawful non-immigrants.

Your husband was a lawful non-immigrant before he turned 26, so he was required to register, even through he wasn't a permanent resident yet.

No problem, since he was registered.

I don't think this is correct. The K1 visa is a non immigrant visa. Even after filing AOS after marriage, one is still considered a lawful non immigrant because the status hasn't been adjusted until after approval/denial.

The OP would answer No to question 46a. Even though he was registered. I guess they could still fill out item 46b since they do have a registration date and number?

[JimmyHou 611]

I don't think this is correct. The K1 visa is a non immigrant visa. Even after filing AOS after marriage, one is still considered a lawful non immigrant because the status hasn't been adjusted until after approval/denial.

The OP would answer No to question 46a. Even though he was registered. I guess they could still fill out item 46b since they do have a registration date and number?

You are right; I was mistaken; the K-1 is a non-immigrant visa. I should've realized that because it still requires adjustment of status. Thank you for the correction.

http://travel.state.gov/content/visas/english/immigrate/types/family/fiance-k-1.html#1

OP: follow dioxode's advice above.

Edited March 24, 2015 by JimmyHou

[BirdyGirl85 23]

The OP would answer No to question 46a. Even though he was registered. I guess they could still fill out item 46b since they do have a registration date and number?

Ok, that's what I thought, thank you. I suppose we can still fill out 46b, but I guess it doesn't matter either way, since you normally only fill that out if you answered "yes"?