N-400 evidence - 3 year rule

[shannen150 0]

Hi, I am eligible to file for citizenship under the 3 year rule with a pending 1-751 (since August 2022) and I wanted to check with others if my evidence list would be sufficient or if there would be anything else I should include in N400 application. 

I have recently filed 1040X with IRS to amend my status on the past 2 tax returns and I scanned a copy of the signed 1040X’s so I can include that in the evidence also. I was advised it could potentially take up to 20 weeks for IRS to complete amendments, so I was hoping I can send the proof of amendment in my application.

 

Current list of evidence:

-Marriage certificate 

-Copy of front and back of green card

-Husband’s birth certificate 

-2022 tax transcript

-Tax returns and 1040X amended forms for both 2021 and 2020

-Lease agreements for past 3 years 

-Renters insurance 

-Health insurance (for me and my husband through employer)

-PDF document comprised of photos of us over the past 3 years, including with friends and family (with dates and locations)

I have bank statements, internet bills, phone bills and utility statements that I can send if extra evidence is recommended, although I have them printed so I can bring them to the interview. 
 

Lastly, I worked remotely for most of the past 3 years and I was confused on the application question that requires the location we worked at for each employer. From my understanding, would it be best to include the employer address listed on my W2’s and specify in my job role that I was a remote worker?

 

[Mike E 11,741]

23 minutes ago, shannen150 said:

Tax returns and 1040X amended forms for both 2021 and 2020

Why not IRS tax return transcripts?

 

23 minutes ago, shannen150 said:

have bank statements, internet bills, phone bills and utility statements

Do any of these statements  list both spouses?

 

23 minutes ago, shannen150 said:

From my understanding, would it be best to include the employer address listed on my W2’s

yes

Quote

and specify in my job role that I was a remote worker?

I could see this as being useful evidence of bonafide marital union provided you have actual proof you were remote worker at home where your spouse lived.

 

Do either of you have life insurance,  401ks, IRAs, or accounts with a beneficiary designation? If so, show the beneficiary statement that shows spouse as primary beneficiary.

 

Any jointly titled vehicles?

 

 

 

Edited June 7, 2023 by Mike E

[shannen150 0]

1 minute ago, Mike E said:

Why not IRS tax return transcripts?

 

Do any of these statements  list both spouses?

 

yes

I could see this as being useful evidence of bonafide marital union provided you have actual proof you were remote worker at home where your spouse lived.

 

Do either of you have life insurance,  401ks, IRAs, or accounts with a beneficiary designation? If so, show the beneficiary statement that shows spouse as primary beneficiary.

 

Any jointly titled vehicles?

 

 

 

Apologies, I had intended to write tax return transcripts. We did not file our taxes jointly out of preference as he is self employed and it would affect our taxes differently compared to mine. So it was easier to file them married file separately instead. 
 

We have a joint bank account although we prefer to have 1 person pay some bills and the other person pay the rest of the bills as it is easier to divide them up. This way, the bills each come out of our personal bank accounts, although we are both listed on each others bank statements as POD (I believe is the term). 

For example, the phone bill is in my name and the utility is in his name so they both show proof of address that we are living together. I also send him my share of the rent every month, as we like to split payments evenly so I could possibly show that in my bank statements too.

 

Oh yes, we do both have life insurance, mine is through my employer and his was along with car/rental insurance, and we are both each others beneficiaries too. Should I only include my life insurance that shows my husband as the beneficiary or should I also send his life insurance that shows me as his beneficiary too? 

[Mike E 11,741]

27 minutes ago, shannen150 said:

We did not file our taxes jointly out of preference as he is self employed and it would affect our taxes differently compared to mine. So it was easier to file them married file separately instead. 

Be prepared to show uscis the math on this. I have never seen the combined tax liability of MFS being lower than MFJ. 

 

29 minutes ago, shannen150 said:

We have a joint bank account although we prefer to have 1 person pay some bills and the other person pay the rest of the bills as it is easier to divide them up.

I would say showing joint bank accounts would be detrimental in this case, because your explanation is at odds with bonafide marital union.

 

33 minutes ago, shannen150 said:

we are both listed on each others bank statements as POD (I believe is the term). 

Show the PoD declarations.

 

32 minutes ago, shannen150 said:

Should I only include my life insurance that shows my husband as the beneficiary or should I also send his life insurance that shows me as his beneficiary too?

Both

[shannen150 0]

14 minutes ago, Mike E said:

Be prepared to show uscis the math on this. I have never seen the combined tax liability of MFS being lower than MFJ. 

 

I would say showing joint bank accounts would be detrimental in this case, because your explanation is at odds with bonafide marital union.

 

Show the PoD declarations.

 

Both

Yea I will need to get our tax preparer involved as they were the ones who suggested it’s best to file separately, so I will follow up and see if I can get further clarification on that as it would be helpful. In the meantime, I have the tax return transcripts along with the 1040X amendments. 

 

OK I see. I’m sure we are not the only couple who prefer to use personal bank accounts rather than joint :), although I understand the USCIS prefers them. I will make sure to show the POD declarations. 

 

Thanks for the clarification. I can make sure I include both of our life insurance policies. 

Edited June 7, 2023 by shannen150

[Mike E 11,741]

11 minutes ago, shannen150 said:

I’m sure we are not the only couple who prefer to use personal bank accounts rather than joint :), although I understand the USCIS prefers them

I prefer to use individual accounts. But while I was watching all  San Jose I-485 filers who were interviewed the same week as we were in the sane office  get same day approval, while we got nothing, I got religion. Someone on VJ once said: USCIS wants evidence not excuses.

 

So between I-485 interview and I-485 approval, I restructured all our household bills so that they were paid out of a joint account. And each month, auto transferred cash from my individual account to the joint account. We were the third couple in the October 2021 I-751 filers to be approved.     

[TBoneTX 45,598]

A hijack post has been split from this thread into its own topic in this forum.

[Dashinka 24,635]

16 hours ago, shannen150 said:

Hi, I am eligible to file for citizenship under the 3 year rule with a pending 1-751 (since August 2022) and I wanted to check with others if my evidence list would be sufficient or if there would be anything else I should include in N400 application. 

I have recently filed 1040X with IRS to amend my status on the past 2 tax returns and I scanned a copy of the signed 1040X’s so I can include that in the evidence also. I was advised it could potentially take up to 20 weeks for IRS to complete amendments, so I was hoping I can send the proof of amendment in my application.

 

Current list of evidence:

-Marriage certificate 

-Copy of front and back of green card

-Husband’s birth certificate 

-2022 tax transcript

-Tax returns and 1040X amended forms for both 2021 and 2020

-Lease agreements for past 3 years 

-Renters insurance 

-Health insurance (for me and my husband through employer)

-PDF document comprised of photos of us over the past 3 years, including with friends and family (with dates and locations)

I have bank statements, internet bills, phone bills and utility statements that I can send if extra evidence is recommended, although I have them printed so I can bring them to the interview. 
 

Lastly, I worked remotely for most of the past 3 years and I was confused on the application question that requires the location we worked at for each employer. From my understanding, would it be best to include the employer address listed on my W2’s and specify in my job role that I was a remote worker?

 

When my wife filed under the 3 year rule, she only included the required evidence which for her was the photocopy of the GC and a copy of the marriage certificate.  All the rest is material to be taken to the interview according to the N400 instructions.  Now you can upload all that information if filing online, and most people do, but you do not need it there to submit the application.

 

Good Luck!

[M+K IL 102]

18 minutes ago, Dashinka said:

Now you can upload all that information if filing online, and most people do, but you do not need it there to submit the application.

You can't add things after the initial submission though, even if filed online

[Rocio0010 5,580]

1 minute ago, M+K IL said:

You can't add things after the initial submission though, even if filed online

Source?

 

[M+K IL 102]

32 minutes ago, Rocio0010 said:

Source?

 

Ah, didn't notice the "Unsolicited evidence" part at the bottom before. Woops.

[Rocio0010 5,580]

1 minute ago, M+K IL said:

Ah, didn't notice the "Unsolicited evidence" part at the bottom before. Woops.

It’s ok! But you made me freak out for a minute lol.

I applied in February of this year and I have been uploading unsolicited evidence for a while, but my case hasn’t moved and for a moment you had me thinking that was the reason lol 

[M+K IL 102]

47 minutes ago, Rocio0010 said:

It’s ok! But you made me freak out for a minute lol.

I applied in February of this year and I have been uploading unsolicited evidence for a while, but my case hasn’t moved and for a moment you had me thinking that was the reason lol 

Yeah, looking back at what I wrote (in the morning, before coffee) I realized it did not say what I meant to say too. I thought there was no way to upload additional evidence, but left unsaid that you can of course bring additional evidence to the interview (though some in the forum have mentioned that their IO claimed these have to be uploaded anyway).

Moral of the story: always have coffee before posting something! And thanks, this means I could actually upload my tax transcripts - didn't think about it when filing N-400.

Your case does seem to move a bit slower than mine - maybe Ohio is a bit overloaded? A friend in Kentucky got theirs done quite fast last year under the 3-year rule.

And about biometrics - ha - when I did mine for GC (via employment) they sent the notice to the right street address -- but the lawyers' city and state. So I never got it, and had to get the lawyers' copy of the appointment notice and, like you, walked in to the nearest ASC. Got chewed a bit for bringing the wrong form, and they had to print out the real copy from their portal (IIRC the document tab was now shown to applicants then - back in 2018) - and then went quiet when they noticed the address was obviously wrong.

Then they lost my wife's AP card (which luckily she did not need, the GC was done a few months later). We got them to send the GC to the lawyers' office after that, out of an abundance of caution - and turns out the address they had on file for the lawyers was wrong too (lawyers moved, did not update the address on their active cases), luckily we caught that during the interview.

[Rocio0010 5,580]

2 minutes ago, M+K IL said:

Yeah, looking back at what I wrote (in the morning, before coffee) I realized it did not say what I meant to say too

That’s always my explanation too! Hahaha

 

3 minutes ago, M+K IL said:

means I could actually upload my tax transcripts - didn't think about it when filing N-400

Definitely! 

 

3 minutes ago, M+K IL said:

maybe Ohio is a bit overloaded?

Not at all! In fact most applicants that apply around the same time I did already had their interviews. 
The only difference I know between me and them (except one case) is that all of them were applying under the five year rule, and therefore, didn’t have a pending 751. Except for one. I have a pending 751 and my package was too thorough —I sent about 6 lbs of evidence. So maybe that’s the holdup?

[shannen150 0]

2 hours ago, Dashinka said:

When my wife filed under the 3 year rule, she only included the required evidence which for her was the photocopy of the GC and a copy of the marriage certificate.  All the rest is material to be taken to the interview according to the N400 instructions.  Now you can upload all that information if filing online, and most people do, but you do not need it there to submit the application.

 

Good Luck!

That is definitely good to know thank you!!!

 

I did have some clarification questions if anyone can assist, as I am currently going through the application.

 

1. For the remote jobs I worked, I should use the employers address on my W2 and state that I worked Remotely, and for jobs where I worked at the actual location (such as in a store), I would use that actual location right? Just making sure as I’m doubting myself lol.

 

2. For the years that I filed a 1040X amendment for (2021 and 2020), should I submit the entire tax return along with the amendment for that? Or just the tax return transcript + amendment? ( I scanned signed photocopy before sending to IRS).

 

3. In regards to evidence, as my I-751 is still pending, I wasn’t sure if I needed to submit photos, leases, bank statements, bills, although as I am applying with the 3 year rule, I’m thinking I should send them anyway with the application?