What evidence do I need for N-400?

[EMBELL_17 102]

The only thing the application requests is my past 3 years tax returns and any info on arrests, etc. I was arrested for a DV incident but the charge was dismissed and automatically expunged so I have no paperwork. So it looks like all I need are my tax returns, my divorce decree that I previously sent in my petition to remove conditions, and that’s it? It’s a lot less than anything I’ve ever sent to USCIS so just want to be sure that this process is a lot less burdensome than what I’ve previously gone through. 

[Mike E 11,739]

27 minutes ago, EMBELL_17 said:

. I was arrested for a DV incident but the charge was dismissed and automatically expunged so I have no paperwork

You will likely be asked for paperwork that proves there is no paperwork.

[EMBELL_17 102]

12 minutes ago, Mike E said:

You will likely be asked for paperwork that proves there is no paperwork.

Well idk what they want from me. The charge is expunged so I can’t request it. I called the court and asked for something that says it’s expunged and they basically told me to go to hell with my stupid questions 😂

[OldUser 6,589]

14 minutes ago, EMBELL_17 said:

Well idk what they want from me. The charge is expunged so I can’t request it. I called the court and asked for something that says it’s expunged and they basically told me to go to hell with my stupid questions 😂

I think it all depends on how badly you want to naturalize.

[Mike E 11,739]

13 minutes ago, EMBELL_17 said:

Well idk what they want from me. The charge is expunged so I can’t request it. I called the court and asked for something that says it’s expunged and they basically told me to go to hell with my stupid questions 😂

The question to ask for is your criminal record. If the result comes  back as “no record” then that is what you submit. 
 

In what country?

 

 

 

[EMBELL_17 102]

8 minutes ago, Mike E said:

The question to ask for is your criminal record. If the result comes  back as “no record” then that is what you submit. 
 

In what country?

 

 

 

Here in the US. I asked the police dept too and received a letter saying they do not keep records that have been expunged. I guess I can provide that letter although there is no reference that anything was expunged … just that they don’t keep expunged letters..

10 minutes ago, OldUser said:

I think it all depends on how badly you want to naturalize.

I mean I wouldn’t care to naturalize if I didn’t want to file for my mom. So I guess yes I want to ..

[EMBELL_17 102]

10 minutes ago, Mike E said:

The question to ask for is your criminal record. If the result comes  back as “no record” then that is what you submit. 
 

In what country?

 

 

 

I see what you’re saying. I will see if this request will result in anything and just produce that. Thanks!

[EM_Vandaveer 2,408]

You definitely need to disclose the arrest & charge, expungement is meaningless to USCIS or when it comes to immigration. As the charge was dismissed it won't cause a problem. Nevertheless it has to be disclosed on the N-400 & some kind of documentation relating to it HAS to be produced. (As a last resort an affidavit about your recollection of it & detailing your unsuccessful attempts to obtain documents from the police/courts about it.)

Edited September 19, 2023 by EM_Vandaveer

[EM_Vandaveer 2,408]

2 hours ago, EMBELL_17 said:

Well idk what they want from me. The charge is expunged so I can’t request it. I called the court and asked for something that says it’s expunged and they basically told me to go to hell with my stupid questions 😂

I'd try again & explain WHY you need the documentation.

[Mike E 11,739]

If the record is expunged, mere mortals like OP will not be able to obtain the record.

 

USCIS, being an agency of DHS, of course has access to the real records. For reasons that defy all logic, USCIS feigns that it cannot see the records.

[beloved_dingo 1,976]

18 hours ago, EMBELL_17 said:

The only thing the application requests is my past 3 years tax returns and any info on arrests, etc. I was arrested for a DV incident but the charge was dismissed and automatically expunged so I have no paperwork. So it looks like all I need are my tax returns, my divorce decree that I previously sent in my petition to remove conditions, and that’s it? It’s a lot less than anything I’ve ever sent to USCIS so just want to be sure that this process is a lot less burdensome than what I’ve previously gone through. 

Are you applying under the 3 year rule or 5 year rule? You mention your divorce decree and 3 years of taxes, so that's why I am asking. You cannot file under the 3 year rule if you are no longer married to a U.S. Citizen. And if you are applying under the 5 year rule, you need the previous 5 tax returns. 

 

Side note - tax transcripts from the IRS are preferred. 

[EMBELL_17 102]

14 minutes ago, beloved_dingo said:

Are you applying under the 3 year rule or 5 year rule? You mention your divorce decree and 3 years of taxes, so that's why I am asking. You cannot file under the 3 year rule if you are no longer married to a U.S. Citizen. And if you are applying under the 5 year rule, you need the previous 5 tax returns. 

 

Side note - tax transcripts from the IRS are preferred. 

The 5 year rule

 

THANKS for the heads up about tax transcripts. I will download those!