Evidence of Bonafide Marriage when filing N-400

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kacy2013

Registered Users (C)
Sorry if this was answered before but I wasn't able to find the information I need. I was approved for my 10 Year Green Card and did not have any issues; not even an interview despite me not having the typical/requested evidence to show the marriage is bonafide. This is in part because my husband is on drugs and I have taken serious precautions to protect my credit and the family. Therefore, I do not have bank accounts, lease, etc in both of our names. However, I provided evidence that he has an issue.
Now that the next step is Citizenship, I am wondering how this would effect my N-400 application. I am just not sure if there will be any changes between now and then.
 
If you apply for citizenship based on 3 years of marriage to a USC, you will have to provide evidence of your ongoing marital union.

But if you wait longer and apply for citizenship under the regular 5 year rule, you probably won't have to provide any more evidence about your marriage unless the circumstances make them suspicious (e.g. divorcing right after getting the 10 year card).
 
Yes I understand that but I am wondering if they would expect any more than what I already submitted or if they would respect the decision that was made based on what I submitted for my 10 year card and my situation. I was simply honest and submitted the little I had and explanations for reasons why we didn't have the evidence they requested for the RFE.
I only have 5 months left to prepare and my citizen husband is now incarcerated. I am not even sure if he will be released before then.
 
kacy2013 said:
Yes I understand that but I am wondering if they would expect any more than what I already submitted or if they would respect the decision that was made based on what I submitted for my 10 year card and my situation.
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If you apply based on the 3 year rule, they will want evidence that your marriage is still viable at the time of applying for naturalization and that you're still living together or have an acceptable reason for living apart. If he's still incarcerated when you apply with the 3 year rule, it looks like that would cause you to be denied, because they don't consider incarceration to be an acceptable reason for the separation (however it's not so clear if they were referring only to the incarceration of the naturalization applicant, or of either spouse).

See page 8 of http://www.uscis.gov/policymanual/PDF/PolicyManual-Volume12-PartG.pdf
Involuntary Separation

Under very limited circumstances and where there is no indication of marital disunity, an applicant may be able to establish that he or she is living in marital union with his or her U.S. citizen spouse even though the applicant does not actually reside with citizen spouse. An applicant is not made ineligible for naturalization for not living in marital union if the separation is due to circumstances beyond his or her control, such as:

Service in the U.S. armed forces; or
Required travel or relocation for employment.

USCIS does not consider incarceration during the time of required living in marital union to be an involuntary separation.
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