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EatBulaga

I-751 and N-400 (3-year marriage) supporting documents

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Posted (edited)

Hello USCIS filing gurus,

We are K1-to-AOS and soon-to-be ROC filers.

 

I'm comparing the differences between

the I-751 evidence of bonafide relationships (for 2-year of marriage)

https://www.visajourney.com/guides/removing-conditions-permanent-residency/

and the N-400 referring to you and your spouse (for 3-year of marriage)

https://www.visajourney.com/guides/us-naturalization/

 

It seems that there are a lot of overlaps in documenting the proofs of the marriage if not N-400 is just a continuation of the I-751.

In other words for the N-400, can I just include ALL the I-751 evidence of bonafide relationships plus add 1-year evidence to the N-400 (like 1 extra year tax filing, 1 extra year of bank statements, etc.)?

Or will USCIS see that as redundant or just proof padding since they already have the I-751?

Or should N-400 (3-year) just focus on the 1-year of proof since the I-751 filing and not include the evidences already submitted with the I-751?

Or is the I-751 independent or mutually exclusive from the N-400 so that including ALL of the I-751 along with the extra year of proofs is actually recommended?

 

Thanks in advance for any response.

Edited by EatBulaga
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Posted (edited)
8 minutes ago, EatBulaga said:

It seems that there are a lot of overlaps in documenting the proofs of the marriage if not N-400 is just a continuation of the I-751.

In other words for the N-400, can I just include ALL the I-751 evidence of bonafide relationships plus add 1-year evidence to the N-400 (like 1 extra year tax filing, 1 extra year of bank statements, etc.)?

 

No harm in including evidence you already submitted for I-751 as long as you add new evidence. In fact, that could elleviate the scenarious "we lost your docs", "we don't have your I-751 evidence". With USCIS, it's very typical to experience left hand not knowing what the right hand is doing.

 

People did both things: some only included new evidence since I-751 filing. Others included everything from start of marriage. It's up to you.

Edited by OldUser
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When in doubt I would focus on the form instructions, which for the N-400 say:

 

Quote

Required Evidence - Eligibility Based on Marriage to a U.S. Citizen


Provide a copy of the following if you are applying for naturalization based on 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. For example:
A. Your spouse’s U.S. birth certificate (if your spouse has held U.S. citizenship since birth);
B. Your spouse’s Certificate of Naturalization;
C. Your spouse’s Certificate of Citizenship;
D. Your spouse’s Form FS-240, Consular Report of Birth Abroad; or
E. The biographical page of your spouse’s U.S. passport;


2. Current marriage certificate and any divorce decree, annulment decree, or death certificate showing that your and
your spouse’s prior marriages were terminated (if applicable); and
3. Evidence that you and your spouse have lived in marital union for at least 3 years before the time you file your Form N-400. Some examples include:
A. Joint bank or credit card statements;
B. Leases or mortgages;
C. Birth certificates or adoption decrees (as applicable) for any children born or adopted during the marriage by
either spouse;
D. Insurance policies; and
E. IRS tax transcripts for you and your spouse for the past 3 years.

 

So to me it makes sense to include evidence like the above even if some of it overlaps with that submitted for the I-751.

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