Evidence for marital union

[Jakk 67]

Hi all. How extensive does the evidence for marital union when applying under the 3-year rule need to be? I already got my ROC (i-751) approved and I remember sending so many documents they were a few inches thick. Does the N400 need to have the same extensive evidence?

[Dashinka 24,514]

The N400 does not require a lot of evidence of a commingled marriage like the I751.  Read the N400 instructions, the application requires very little evidence, but they do ask for some additional like tax transcripts, etc. at the interview stage.

 

Good Luck!

[MsKayC 109]

Just now, Dashinka said:

The N400 does not require a lot of evidence of a commingled marriage like the I751.  Read the N400 instructions, the application requires very little evidence, but they do ask for some additional like tax transcripts, etc. at the interview stage.

 

Good Luck!

I was about to post this exact queation... does this mean we don't have to submit any of the marriage evidence when filing n400 with the 3 year rule?

[Dashinka 24,514]

53 minutes ago, MsKayC said:

I was about to post this exact queation... does this mean we don't have to submit any of the marriage evidence when filing n400 with the 3 year rule?

This is what is says in the N400 instructions.  As you will see, most of the marital evidence is only required for the interview.  When my wife filed her form via mail, we followed this and had no issues, and the IO did not request to see any of the evidence my wife brought to the interview.  If e-filing, many people upload the interview materials. 

 

Good Luck!

 

Below is a list of documents to submit with your Form N-400.
1. Photographs. Only applicants who reside overseas must provide two identical color photographs of yourself taken recently. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. Passport-style photos must be 2” x 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top of hair to bottom of chin, and eye height is between 1 1/8” to 1 3/8” from bottom of photo. Your head must be bare, unless contrary to your religious beliefs. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.

2. Photocopy of Permanent Resident Card. Provide a photocopy of the front and back of your Form I-551 (Permanent Resident Card). USCIS must be able to read the information on the photocopy. If you have lost your Form I-551, attach a photocopy of any other entry document or a photocopy of a receipt showing that you have filed Form I-90, Application to Replace Permanent Resident Card.

3. Photocopy of your Current Legal Marital Status Document. Provide a photocopy of your current marriage certificate, divorce, annulment decree, or death certificate of former spouse.

4. Documents for Military Personnel or Spouses of Military Personnel:
A. Form N-426 (Request for Certification of Military or Naval Service). If you are a current member of the U.S. Armed Forces, provide a completed and certified Form N-426. If you are separated from the military, provide an uncertified Form N-426.

B. Evidence of Military Service. If you ever served in the U.S. Armed Forces, provide a Certificate of Release or Discharge from Active Duty, DD Form 214, for all periods of service. If you are currently serving in an active duty status within the United States or abroad, you should submit a photocopy of your official military orders.
C. Spouses of Military Personnel have additional requirements. Refer to Naturalization Information for Military Personnel (M-599) for eligibility requirements. You can obtain this information on the USCIS website at www.uscis.gov/military.

Below is a list of documents to bring with you to your Form N-400 interview.
1. Permanent Resident Card.
2. State-Issued Identification. Bring a valid State-issued identification, such as a driver’s license.
3. Passports and Travel Documents. Bring valid and expired passports, as well as any travel documents issued by USCIS.
4. Evidence of Your Current Legal Marital Status. Bring the original of all marriage certificates, divorce or annulment decrees, death certificates, and other official records to confirm your marital history and your current legal marital status.
5. Evidence of the Termination of Your Spouse’s Prior Marriage(s). Bring the original of your current spouse’s divorce certificate. If your spouse is widowed, bring the original of his or her former spouse’s death certificate. If neither of these are available, bring any other evidence that indicates the termination of your spouse’s marriage for consideration.
6. Name Change(s). If you have changed your name at any time, bring the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, name change petition, or other official record if you ever changed your name.
7. Other Documents. Depending on the circumstances, you should bring certain documents to your interview. You may also submit copies of these documents with your application. For example:
A. Spouse of a U.S. Citizen. Bring the following items to your interview if you are applying for naturalization on the basis of your marriage to a U.S. citizen:
(1) Evidence that your spouse has been a U.S. citizen for at least 3 years at the time you file your Form N-400. Such evidence may include: a birth certificate (if your spouse never lost U.S. citizenship since birth), Certificate of Naturalization, Certificate of Citizenship, or Form FS-240 Report of Birth Abroad of a Citizen of the United States of America;
(2) Evidence of the termination of all your prior marriages; and
(3) Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your
Form N-400. Such evidence may include:
(a) Joint bank and credit card statements;
(b) Leases or mortgages;
(c) Birth certificates of children;
(d) Insurance policies; and
(e) Internal Revenue Service (IRS)-certified copies of the income tax forms that you and your spouse filed for
the past 3 years (or an IRS tax return transcript for the last 3 years).
B. Spouse of a U.S. Citizen Who is Regularly Stationed Abroad. Bring evidence demonstrating your U.S. citizen spouse’s qualifying employment abroad if you are filing under section 319(b). Such evidence may include:
(1) The employer’ name and nature of the employer’s business; (2) The nature of the work the U.S. citizen spouse is performing;

(3) Documentation to establish the employing entity is owned in whole or in part by U.S. interests; and
(4) Documentation to establish the employing entity is engaged in whole or in part in the development of the
foreign trade and U.S. commerce.
In addition, bring the following:
(1) Your U.S. citizen spouse’s travel orders which include your name as a spouse;
(2) Documentation to establish your spouse’s employment abroad is scheduled to last for at least 1 year from the date you filed Form N-400; and
(3) A written statement of your intent to reside abroad with your spouse, and to live in the United States immediately after your spouse’s employment abroad ends.
C. Children and Support of Dependents. Bring evidence that all of the children listed on your Form N-400 are your children. Such evidence may include:
(1) Birth certificates for all children you claim, or a court order naming you as the parent; or (2) Final adoption certificates or decrees for all children you have legally adopted.
In addition, if you have dependent children living apart from you, bring evidence that you support each dependent child and that you have complied with child support obligations. Bring photocopies of the court or government order and evidence you have complied with the order if a court has ordered you to provide financial support for a spouse, ex-spouse, or children. Such evidence may include:
(1) Cancelled checks or money order receipts;
(2) A court or agency document showing child support payments;
(3) Evidence of wage garnishments; or
(4) A notarized letter from the parent or guardian who cares for your children.
D. Tax Returns and Overdue Taxes. Bring photocopies of income tax returns that you filed with the IRS for the past 5 years, or 3 years if filing for naturalization on the basis of marriage to a U.S. citizen. Tax returns are not required for every case. However, USCIS strongly encourages you to bring your tax returns; especially if you are filing based on marriage to a U.S. citizen or have traveled outside the United States for a period that lasted 6 months or more. You can request copies of Federal tax documents at your local IRS office or www.irs.gov.
You may also bring an original IRS tax transcript listing tax information for the past 5 years (3 years if filing on the basis of marriage to a U.S. citizen). To obtain a free IRS tax transcript, visit www.irs.gov. Select “Tools” and then select “Order a Return or Account Transcript.” For assistance, you can also call the IRS at 1-800-908-9946.
If you have any Federal, state, or local taxes that are overdue, bring:
(1) A signed agreement from the IRS, state, or local tax office showing you have filed a tax return and arranged to pay the taxes you owe; and
(2) Documentation from the IRS, state, or local tax office showing the current status of your repayment program.
E. Trips Outside the United States. Bring evidence that you maintained your continuous residence in the United States if you have taken any trips outside the United States that lasted more than 6 months but less than 1 year. You may submit documentation which includes, but is not limited to, evidence that during the absence:
(1) You did not terminate your employment in the United States or work overseas; (2) Your immediate family remained in the United States; or
(3) You retained full access to your place of residence in the United States.
For example:
(1) An IRS tax return transcript or an IRS-certified tax return listing tax information relevant to your absence for the last 5 years (or 3 years if you are applying on the basis of marriage to a U.S. citizen);
(2) Rent or mortgage payments and pay statements;
(3) Bank, credit card, and loan statements showing regular transactions;
(4) Proof of car registration and insurance;
(5) A photocopy of your passport showing entry and exit stamps; or
(6) Any other document that shows you have not abandoned your residence in the United States.
F. Selective Service Registration. If you are a man between 18 and 26 years of age, provide proof of your registration with the Selective Service. If you are 26 years of age or older, provide proof that you registered with the Selective Service when you were required to do so between 18 and 26 years of age.
If you were required to register and did not, provide a typed or printed statement explaining why you did not register and provide a status information letter from the Selective Service. For more information about Selective Service registration, or how to get proof that you registered, visit www.sss.gov or call 1-888-655-1825.
G. Arrests/Convictions. If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and no charges were filed, bring:
(1) An original or court-certified arrest report; and
(2) An official, certified statement from the arresting agency or applicable court confirming that no charges were
filed.
If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason,
and charges were filed, bring:
(1) Certified photocopies of all arrest reports, charging documents, court dispositions, sentencing reports, and any
other relevant documents.
(2) You may include any additional evidence in your favor concerning the circumstances of your arrests or convictions that you would like USCIS to consider.
(3) If you were placed on probation, you must provide evidence to show that you completed your probationary sentence.
If you have ever been convicted or placed in an alternative sentencing program (such as diversion) or rehabilitative program (such as a drug treatment or community service program), bring:
(1) An original or court-certified sentencing record for each incident; and
(2) Evidence that you completed your sentence, such as a probation record, parole record, or evidence that you completed an alternative sentencing program or rehabilitative program. Copies must be certified by the issuing agency.
If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, bring:
(1) An original or court-certified court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction from your record; or
(2) An original statement from the court that no record exists of your arrest or conviction.
NOTE: You must provide the documentation even if someone including a judge, law enforcement officer, or
attorney told you that you no longer have a record or told you that you do not have to disclose the information. NOTE: You must submit documentation of traffic incidents if:
(1) The incident involved alcohol or drugs;

(2) The incident led to an arrest; or
(3) The incident seriously injured another person.
You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

[MsKayC 109]

3 hours ago, Dashinka said:

This is what is says in the N400 instructions.  As you will see, most of the marital evidence is only required for the interview.  When my wife filed her form via mail, we followed this and had no issues, and the IO did not request to see any of the evidence my wife brought to the interview.  If e-filing, many people upload the interview materials. 

 

Good Luck!

 

Below is a list of documents to submit with your Form N-400.
1. Photographs. Only applicants who reside overseas must provide two identical color photographs of yourself taken recently. The photos must have a white to off-white background, be printed on thin paper with a glossy finish, and be unmounted and unretouched. Passport-style photos must be 2” x 2”. The photos must be in color with full face, frontal view on a white to off-white background. Head height should measure 1” to 1 3/8” from top of hair to bottom of chin, and eye height is between 1 1/8” to 1 3/8” from bottom of photo. Your head must be bare, unless contrary to your religious beliefs. Using a pencil or felt pen, lightly print your name and A-Number (if any) on the back of the photo.

2. Photocopy of Permanent Resident Card. Provide a photocopy of the front and back of your Form I-551 (Permanent Resident Card). USCIS must be able to read the information on the photocopy. If you have lost your Form I-551, attach a photocopy of any other entry document or a photocopy of a receipt showing that you have filed Form I-90, Application to Replace Permanent Resident Card.

3. Photocopy of your Current Legal Marital Status Document. Provide a photocopy of your current marriage certificate, divorce, annulment decree, or death certificate of former spouse.

4. Documents for Military Personnel or Spouses of Military Personnel:
A. Form N-426 (Request for Certification of Military or Naval Service). If you are a current member of the U.S. Armed Forces, provide a completed and certified Form N-426. If you are separated from the military, provide an uncertified Form N-426.

B. Evidence of Military Service. If you ever served in the U.S. Armed Forces, provide a Certificate of Release or Discharge from Active Duty, DD Form 214, for all periods of service. If you are currently serving in an active duty status within the United States or abroad, you should submit a photocopy of your official military orders.
C. Spouses of Military Personnel have additional requirements. Refer to Naturalization Information for Military Personnel (M-599) for eligibility requirements. You can obtain this information on the USCIS website at www.uscis.gov/military.

Below is a list of documents to bring with you to your Form N-400 interview.
1. Permanent Resident Card.
2. State-Issued Identification. Bring a valid State-issued identification, such as a driver’s license.
3. Passports and Travel Documents. Bring valid and expired passports, as well as any travel documents issued by USCIS.
4. Evidence of Your Current Legal Marital Status. Bring the original of all marriage certificates, divorce or annulment decrees, death certificates, and other official records to confirm your marital history and your current legal marital status.
5. Evidence of the Termination of Your Spouse’s Prior Marriage(s). Bring the original of your current spouse’s divorce certificate. If your spouse is widowed, bring the original of his or her former spouse’s death certificate. If neither of these are available, bring any other evidence that indicates the termination of your spouse’s marriage for consideration.
6. Name Change(s). If you have changed your name at any time, bring the document(s) that legally changed your name(s), such as a marriage certificate, divorce decree, name change petition, or other official record if you ever changed your name.
7. Other Documents. Depending on the circumstances, you should bring certain documents to your interview. You may also submit copies of these documents with your application. For example:
A. Spouse of a U.S. Citizen. Bring the following items to your interview if you are applying for naturalization on the basis of your marriage to a U.S. citizen:
(1) Evidence that your spouse has been a U.S. citizen for at least 3 years at the time you file your Form N-400. Such evidence may include: a birth certificate (if your spouse never lost U.S. citizenship since birth), Certificate of Naturalization, Certificate of Citizenship, or Form FS-240 Report of Birth Abroad of a Citizen of the United States of America;
(2) Evidence of the termination of all your prior marriages; and
(3) Evidence that you and your spouse have lived in marital union for at least 3 years at the time you file your
Form N-400. Such evidence may include:
(a) Joint bank and credit card statements;
(b) Leases or mortgages;
(c) Birth certificates of children;
(d) Insurance policies; and
(e) Internal Revenue Service (IRS)-certified copies of the income tax forms that you and your spouse filed for
the past 3 years (or an IRS tax return transcript for the last 3 years).
B. Spouse of a U.S. Citizen Who is Regularly Stationed Abroad. Bring evidence demonstrating your U.S. citizen spouse’s qualifying employment abroad if you are filing under section 319(b). Such evidence may include:
(1) The employer’ name and nature of the employer’s business; (2) The nature of the work the U.S. citizen spouse is performing;

(3) Documentation to establish the employing entity is owned in whole or in part by U.S. interests; and
(4) Documentation to establish the employing entity is engaged in whole or in part in the development of the
foreign trade and U.S. commerce.
In addition, bring the following:
(1) Your U.S. citizen spouse’s travel orders which include your name as a spouse;
(2) Documentation to establish your spouse’s employment abroad is scheduled to last for at least 1 year from the date you filed Form N-400; and
(3) A written statement of your intent to reside abroad with your spouse, and to live in the United States immediately after your spouse’s employment abroad ends.
C. Children and Support of Dependents. Bring evidence that all of the children listed on your Form N-400 are your children. Such evidence may include:
(1) Birth certificates for all children you claim, or a court order naming you as the parent; or (2) Final adoption certificates or decrees for all children you have legally adopted.
In addition, if you have dependent children living apart from you, bring evidence that you support each dependent child and that you have complied with child support obligations. Bring photocopies of the court or government order and evidence you have complied with the order if a court has ordered you to provide financial support for a spouse, ex-spouse, or children. Such evidence may include:
(1) Cancelled checks or money order receipts;
(2) A court or agency document showing child support payments;
(3) Evidence of wage garnishments; or
(4) A notarized letter from the parent or guardian who cares for your children.
D. Tax Returns and Overdue Taxes. Bring photocopies of income tax returns that you filed with the IRS for the past 5 years, or 3 years if filing for naturalization on the basis of marriage to a U.S. citizen. Tax returns are not required for every case. However, USCIS strongly encourages you to bring your tax returns; especially if you are filing based on marriage to a U.S. citizen or have traveled outside the United States for a period that lasted 6 months or more. You can request copies of Federal tax documents at your local IRS office or www.irs.gov.
You may also bring an original IRS tax transcript listing tax information for the past 5 years (3 years if filing on the basis of marriage to a U.S. citizen). To obtain a free IRS tax transcript, visit www.irs.gov. Select “Tools” and then select “Order a Return or Account Transcript.” For assistance, you can also call the IRS at 1-800-908-9946.
If you have any Federal, state, or local taxes that are overdue, bring:
(1) A signed agreement from the IRS, state, or local tax office showing you have filed a tax return and arranged to pay the taxes you owe; and
(2) Documentation from the IRS, state, or local tax office showing the current status of your repayment program.
E. Trips Outside the United States. Bring evidence that you maintained your continuous residence in the United States if you have taken any trips outside the United States that lasted more than 6 months but less than 1 year. You may submit documentation which includes, but is not limited to, evidence that during the absence:
(1) You did not terminate your employment in the United States or work overseas; (2) Your immediate family remained in the United States; or
(3) You retained full access to your place of residence in the United States.
For example:
(1) An IRS tax return transcript or an IRS-certified tax return listing tax information relevant to your absence for the last 5 years (or 3 years if you are applying on the basis of marriage to a U.S. citizen);
(2) Rent or mortgage payments and pay statements;
(3) Bank, credit card, and loan statements showing regular transactions;
(4) Proof of car registration and insurance;
(5) A photocopy of your passport showing entry and exit stamps; or
(6) Any other document that shows you have not abandoned your residence in the United States.
F. Selective Service Registration. If you are a man between 18 and 26 years of age, provide proof of your registration with the Selective Service. If you are 26 years of age or older, provide proof that you registered with the Selective Service when you were required to do so between 18 and 26 years of age.
If you were required to register and did not, provide a typed or printed statement explaining why you did not register and provide a status information letter from the Selective Service. For more information about Selective Service registration, or how to get proof that you registered, visit www.sss.gov or call 1-888-655-1825.
G. Arrests/Convictions. If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason, and no charges were filed, bring:
(1) An original or court-certified arrest report; and
(2) An official, certified statement from the arresting agency or applicable court confirming that no charges were
filed.
If you have ever been arrested or detained anywhere in the world, by any law enforcement officer, for any reason,
and charges were filed, bring:
(1) Certified photocopies of all arrest reports, charging documents, court dispositions, sentencing reports, and any
other relevant documents.
(2) You may include any additional evidence in your favor concerning the circumstances of your arrests or convictions that you would like USCIS to consider.
(3) If you were placed on probation, you must provide evidence to show that you completed your probationary sentence.
If you have ever been convicted or placed in an alternative sentencing program (such as diversion) or rehabilitative program (such as a drug treatment or community service program), bring:
(1) An original or court-certified sentencing record for each incident; and
(2) Evidence that you completed your sentence, such as a probation record, parole record, or evidence that you completed an alternative sentencing program or rehabilitative program. Copies must be certified by the issuing agency.
If you have ever had any arrest or conviction vacated, set aside, sealed, expunged, or otherwise removed from your record, bring:
(1) An original or court-certified court order vacating, setting aside, sealing, expunging or otherwise removing the arrest or conviction from your record; or
(2) An original statement from the court that no record exists of your arrest or conviction.
NOTE: You must provide the documentation even if someone including a judge, law enforcement officer, or
attorney told you that you no longer have a record or told you that you do not have to disclose the information. NOTE: You must submit documentation of traffic incidents if:
(1) The incident involved alcohol or drugs;

(2) The incident led to an arrest; or
(3) The incident seriously injured another person.
You do not need to submit documentation for traffic fines or incidents that did not involve an arrest or did not involve drugs or alcohol, if the only penalty was a fine of less than $500 or points on your driving record.

 

https://www.uscis.gov/sites/default/files/document/forms/n-400instr.pdf

 

Thanks

[Jakk 67]

4 hours ago, Dashinka said:

The N400 does not require a lot of evidence of a commingled marriage like the I751.  Read the N400 instructions, the application requires very little evidence, but they do ask for some additional like tax transcripts, etc. at the interview stage.

 

Good Luck!

Thanks so much!

[iwannaplay54 985]

On 11/2/2021 at 4:03 PM, Jakk said:

Hi all. How extensive does the evidence for marital union when applying under the 3-year rule need to be? I already got my ROC (i-751) approved and I remember sending so many documents they were a few inches thick. Does the N400 need to have the same extensive evidence?

Lease, jount bank account three statements (beginning, middle, last), tax returns, deed on the house, 3 years of car insurance, three years of matching drivers licenses, birth certs for the kiddos was what we submitted.  
Approved, oath is in two weeks

 

Interview?  Didnt crack the folder.  6 test questions, the checklist from the application, and a paper that said “passed, approval recommended”

Edited November 22, 2021 by iwannaplay54