Filing USC when spouse/kid are not living with you

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newjersey_dude

Registered Users (C)
Hi, I am eligible to file USC. My spouse and kids (age 9 and 3) however went back to home country two years back. We have not separated or divorced. They had to go back to take care of family medical situations back home. I am living in USA alone for over 2 years and had been visiting home country occassionally.

N-400 form asks for court order and financial support documents if spouse/kids are not living with you.
1. Do I need to worry about this?
2. What documents I need to produce in this case?
3. Will this pose problem in my USC?

Thanks in anticipation of a great answer
 
newjersey_dude said:
Hi, I am eligible to file USC. My spouse and kids (age 9 and 3) however went back to home country two years back. We have not separated or divorced. They had to go back to take care of family medical situations back home. I am living in USA alone for over 2 years and had been visiting home country occassionally.

N-400 form asks for court order and financial support documents if spouse/kids are not living with you.
1. Do I need to worry about this?
2. What documents I need to produce in this case?
3. Will this pose problem in my USC?

Thanks in anticipation of a great answer
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First and foremost, you and your spouse are not separated or divorced. Under assumption that your spouse and kids will be returning to the U.S. once the medical situation has been taken care of, they are on a long-term visit to your home country. This will not present a problem, nor is there a reason to worry about this. Since no divorce or separation took place, obviously there's no court order for child support. I'm not even sure that you'll need to provide proof of financial support in this situation. However, it doesn't hurt to make your case ironclad. If you've been sending money to your family, provide bank transfer records or Western Union receipts. Also, have your wife send you a signed and notarized affidavit, stating that you've been providing financial support for your kids. If the IO decides to make an issue out of it during the interview, the above-mentioned documents will be sufficient to provide proof of financial support.
 
newjersey_dude said:
Hi, I am eligible to file USC. My spouse and kids (age 9 and 3) however went back to home country two years back. We have not separated or divorced. They had to go back to take care of family medical situations back home. I am living in USA alone for over 2 years and had been visiting home country occassionally.

N-400 form asks for court order and financial support documents if spouse/kids are not living with you.
1. Do I need to worry about this?
2. What documents I need to produce in this case?
3. Will this pose problem in my USC?

Thanks in anticipation of a great answer
Click to expand...

The address of your spouse has no effect on your eligibility for naturalization as you are applying under 5 year rule. The court order and financial documents requested are for proof of alimony payments if applicable, so you don't need to worry about this.
 
My spouse and kid do have green card. This is a detail that I missed in my post, not sure how important it was to mention. N400 form asks for spouse's current address, which I believe I need to mention that of home country.
The help I need is to correctly fill up spouse's details in N400 form, with details that wont bounce back. I want to be truthful, but at the same time politically correct to avoid problem. Thanks much in advance.
 
newjersey_dude said:
My spouse and kid do have green card. This is a detail that I missed in my post, not sure how important it was to mention. N400 form asks for spouse's current address, which I believe I need to mention that of home country.
The help I need is to correctly fill up spouse's details in N400 form, with details that wont bounce back. I want to be truthful, but at the same time politically correct to avoid problem. Thanks much in advance.
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Did your spouse obtain a reentry permit before leaving 2 years ago? If your spouse is living in the foreign country, you'll have to use foreign address.
 
Yes, my spouse and kids got their re-entry permit. While applying for the permit, I had mentioned that they are going back to take care of medical situation etc.
I think in my defence I will get a letter from my wife mentioning that we are in good terms, marriage is valid etc etc...but then thinking if it needs to be signed by some government authority or not.
 
newjersey_dude said:
Thanks for response. I would wait for more answers to solidify my judgement. :)
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Bob is right. Due to work my spouse and child live in a different state than me and I am with them during the weekends. I hold a DL from the state where I work therefore I filed for citizenship from that state. In my app I put different address for spouse and child that mine. I also filed based on 5 years.
 
Thanks Copper1, I am worried that in my case spouse/kids are outside USA. This should not result in drawing conclusion that I too intend to go back after getting USC, which is not the case.
 
I consulted an attorny recently and was informed to collect evidance for support and letters from indian consulate. looks like this is not a straigh forward thing unfortunately, no matter how strong my marriage is in reality :)
 
newjersey_dude said:
I consulted an attorny recently and was informed to collect evidance for support and letters from indian consulate. looks like this is not a straigh forward thing unfortunately, no matter how strong my marriage is in reality :)
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what kind of letters from indian consulate??
 
Docs mentioning that our marriage is valid and that I support my spouse and kid as dependents etc. Attorney i hired is one of the most renowned in USA.
 
newjersey_dude said:
Docs mentioning that our marriage is valid and that I support my spouse and kid as dependents etc. Attorney i hired is one of the most renowned in USA.
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If your marriage certificate is issued by registrar of marriage in India then that certificate is valid certificate and why the consulate need to give you certificate that your marriage certificate is valid? If you are supporting your spouse and kid you must be having the proofs. How the consulates know that you are supporting or not supporting? Consulate doesn’t have the records if you are sending money to them or how you are supporting them.
 
I am filing just for myself. As spouse and kid are back home for 2 yrs, their greencard is sort of revoked anyway. I am filing under 5 yr rule. What that attorney told me was, that I would need to provide cancelled checks, or bank statements to support the fact that i am sending money to them for living. A marriage certificate which is not in english is not sufficient, it needs to be translated to english and stamped by govt. of India. All this sounds simple to me, but still leavs lot of scope for doubts on getting USC.
 
newjersey_dude said:
I am filing just for myself. As spouse and kid are back home for 2 yrs, their greencard is sort of revoked anyway. I am filing under 5 yr rule.

What that attorney told me was, that I would need to provide cancelled checks, or bank statements to support the fact that i am sending money to them for living.
-------------------You may be having them but Consulate dont have anything to do with your bank statements.
A marriage certificate which is not in english is not sufficient, it needs to be translated to english and stamped by govt. of India.
---------------------------------------------- You attached the copy of marriage certificate with your I-485 and your wife I-485 if filed in US and that time you were also supposed to submit the copy of English translation of marriage certificate. One can get marriage certificate Translated by Notary in India on Stamp paper or if you have any friend who knows both the languages he/she can translate the marriage certificate in US and can Sign before Notary (every Bank in US has Notary)
All this sounds simple to me, but still leavs lot of scope for doubts on getting USC.
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