N-400 evidence checklist feedback for filing under 3 year rule

[Danmuji 14]

Re: https://www.uscis.gov/sites/default/files/document/forms/attachments.pdf

 

Hello,

 

We will be applying for N-400 based on 3 year rule shortly. We are in a document gathering phase based on the USCIS Document Checklist.

 

And was wondering if the list on the USCIS is what everyone here is going by and is recommended...

 

Any feedback is really appreciated. Especially from folks who filed under 3-year rule in the past according to this list:

 

 

[Mike E 11,739]

Unfortunately, because we are retired with no income,  we cannot afford a 6 percent mortgage or whatever those things cost these days.
 

So unfortunately we will instead provide the deed that shows we own our home together as joint tenants with right of survivorship.  Hopefully that will work for USCIS.  

[Family 3,988]

In real life, the ONLY requirement at submission,  to file for under the 3 year rule is a copy of green card and marriage certificate . There will be no RFE, no delays . 
Carry 3 years of taxes to the interview and that’s IT. 
If taxes are not filed because income is non taxable, not an issue, just take the 1099 R ( retirement income) and state so at the interview. 

Edited August 17, 2022 by Family

[Dashinka 24,494]

I agree with @Family, the material the OP is asking about is under the "Bring to Interview" material.  When my wife filed, she sent in the photocopy of the card and a copy of the marriage certificate.  She brought everything else to the interview and the IO ignored it all (I am not suggesting to not actually bring it to the interview though).

 

Good Luck!

[Mike E 11,739]

1 hour ago, Family said:

In real life, the ONLY requirement at submission,  to file for under the 3 year rule is a copy of green card and marriage certificate . There will be no RFE, no delays . 
Carry 3 years of taxes to the interview and that’s IT. 
If taxes are not filed because income is non taxable, not an issue, just take the 1099 R ( retirement income) and state so at the interview. 

LPRs have a defacto requirement to file income taxes each year.  Some learn too late when they go to their N-400 interview.  YMMV 

[Family 3,988]

1 hour ago, Mike E said:

LPRs have a defacto requirement to file income taxes each year.  Some learn too late when they go to their N-400 interview.  YMMV 

LPR , USC’s , or individuals who regularly file  IRS returns w an ITIN are not treated differently and all are exempted from filing per same IRS guidelines. So no earned income ( or other complex tax events) no requirement to file. 
 

And the underlying issue is simply to make sure IF there are back tax payments due to IRS , applicants show they are dealing with it ( installment agreement current, no requirement balance owed be paid off to Natz). 
 

But I did enjoy @Mike E “ de facto “ reference and went down memory lane when I lived a bit in Italy and was shocked to see Tax Police Officers walking around! 

Edited August 17, 2022 by Family

[Mike E 11,739]

30 minutes ago, Family said:

LPR , USC’s , or individuals who regularly file  IRS returns w an ITIN are not treated differently and all are exempted from filing per same IRS guidelines. 

I don’t mean the IRS. I mean USCIS. I’ve lost count of how many N-400 cases I’ve seen derailed because the LPR didn’t file tax returns:

 

* good moral character is required to naturalize. No tax returns raises suspicion of lack of gmc. 
 

* continuous residency is required to naturalize. No tax returns combined with “significant” absences from the USA, raises suspicions of breaks in continuous residency 

 

If you  want to prolong your N-400 process, by all means do not file taxes. 

[Danmuji 14]

3 hours ago, Family said:

In real life, the ONLY requirement at submission,  to file for under the 3 year rule is a copy of green card and marriage certificate . There will be no RFE, no delays . 
Carry 3 years of taxes to the interview and that’s IT. 
If taxes are not filed because income is non taxable, not an issue, just take the 1099 R ( retirement income) and state so at the interview. 

Perusing the Citizenship threads, we couldn't help but feel people seem to suggest the 5 year filers need far less evidence than the 3 year filers. So my initial thought was,  we(3 year filers) need more than just Marriage Certification, Green Card and 3 year Tax Returns...

 

[Mike E 11,739]

Just now, Danmuji said:

Perusing the Citizenship threads, we couldn't help but feel people seem to suggest the 5 year filers need far less evidence than the 3 year filers. So my initial thought was,  we(3 year filers) need more than just Marriage Certification, Green Card and 3 year Tax Returns...

 

Yes you do. Visajourney even has a guide for this. 

[Chancy 6,241]

4 hours ago, Danmuji said:

We will be applying for N-400 based on 3 year rule shortly.

 

Based on your post history, LPR spouse got CR1 visa only around Oct 2021.  How are you eligible for N-400 shortly?

 

 

[Dashinka 24,494]

2 hours ago, Danmuji said:

Perusing the Citizenship threads, we couldn't help but feel people seem to suggest the 5 year filers need far less evidence than the 3 year filers. So my initial thought was,  we(3 year filers) need more than just Marriage Certification, Green Card and 3 year Tax Returns...

 

Read the N400 instructions and in particular the required evidence section.  Again, the majority of the evidence is not required for filing, but is required for the interview.  Now many people that file online upload all the interview required evidence which is fine, but not required for filing, and they should still take it with them to the interview just in case.  That being said, yes, the 3 year rule does require more evidence, but if naturalization is the ultimate goal, I would not let that stop you from filing.

 

Good Luck!

[Danmuji 14]

1 hour ago, Chancy said:

 

Based on your post history, LPR spouse got CR1 visa only around Oct 2021.  How are you eligible for N-400 shortly?

 

 

That was for myself. 

 

Helping someone else in the family. You'll notice that also in my comment history.

 

I'm becoming the family immigrant lawyer whether I like it or not   Thanks to VisaJourney.

 

 

[Chancy 6,241]

3 minutes ago, Danmuji said:

Helping someone else in the family. You'll notice that also in my comment history.

 

Thanks for the clarification.  I asked because some months back we had a VJ member who filed too early but only realized it when we pointed it out in their thread.

 

[Chancy 6,241]

*** Removed related thread. Please post your related questions in this thread to keep the discussion in one place. ***

 

30 minutes ago, Danmuji said:

For the sake of N400's evidence of relationship, will providing child's birth certificate and 3 years of IRS tax transcript w/ both couple's name suffice? Could someone chime in especially if they've used these two things for evidence of relationship?

 

We are trying to find a sweet spot. Without overloading evidence.

 

We plan to bring(credit, bank, insurance, statements, etc.) more evidence for the interview

 

Thank you.