ELigibility Question (N400 Missing Info)

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jagdev_jadav

New Member
I am GC holder for 5 yrs and filing my N400 on permanent resident for 5 yrs basis. My wife is US citizen (i am filing N400 under married to us citizen for last 5 yrs category)

In N400 application there is "Spouse Information" section and it askes if ur spouse is US citizen and if yes provide the date of the naturilation.

My wife refused to give me her naturilaztion age. she said she dont know and i do not beleive this

Now what are my options left. I have a Green Card since last 5 yrs. Can i leave that field (naturilaztion date of spouse) empty as I am not applying for citizenship after marrying US citizen for 3 yrs and tell this to them at the time of iterview. Or i can not apply at all without having the information.

I am going through mental trauma please help me out guys. I appreciate all in Advance

thanks a Lot
 
You are somewhat confused.

You file either as an LPR spouse of a USC for at least three years OR as an LPR for at least 5 years.

This small piece of information is irrelevant. IF you got your card as the spouse of a USC, her information is already in your file and the interviewing officer can easily find it if you direct him/her to it.

As you are filing as a 5 year LPR her length of USC status is immaterial to your eligibility.

Leave it blank.
 
jagdev_jadav said:
I am GC holder for 5 yrs and filing my N400 on permanent resident for 5 yrs basis. My wife is US citizen (i am filing N400 under married to us citizen for last 5 yrs category)

In N400 application there is "Spouse Information" section and it askes if ur spouse is US citizen and if yes provide the date of the naturilation.

My wife refused to give me her naturilaztion age. she said she dont know and i do not beleive this

Now what are my options left. I have a Green Card since last 5 yrs. Can i leave that field (naturilaztion date of spouse) empty as I am not applying for citizenship after marrying US citizen for 3 yrs and tell this to them at the time of iterview. Or i can not apply at all without having the information.

I am going through mental trauma please help me out guys. I appreciate all in Advance

thanks a Lot
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You should apply for naturalization based on being an LPR for at least 5 years rather than on being married to a U.S. citizen for at least 3 years. That is, on page 1 of N-400 in responding to part 2 (basis of eligibility), you should check box "A".
Applications based on the 5yr rule are more straightforward than marriage-based applications, and there are fewer things to prove there.

Regarding the citizenship of your wife: do you know if she actually went through the naturalization process (filing N-400 herself)? Or did she acquire U.S. citizenship in some other way? Does she actually have any proof of her U.S. citizenship, such as a U.S. passport? E.g. many people derive U.S. citizenship as minors through their parents, after one or both of the parents naturalize - this may well have happened in your wife's case. In such cases there is often no precise date that can be given for becoming U.S. citizen.

If you read the N-400 instructions carefully, you'll see that on page 4 of the Instructions (http://www.uscis.gov/files/form/n-400instr.pdf)
it says that the date and place of the spouse becoming a U.S. citizen only need to be given if your spouse received U.S. citizenship through naturalization or if the spouse regained U.S. citizenship after previously relinquishing it. So if your wife derived U.S. citizenship through her parents after she was born, it is OK for you to leave the place/date of her becoming a U.S. citizen blank.

I would say that even if she received U.S. citizenship through naturalization, that is filing N-400 herself, it is OK for you to leave he place/date of her becoming a U.S. citizen blank, as it is in no way relevant to your own eligibility for naturalization. I doubt that you'll have any problems at the interview because of that.
 
How did she become a US citizen? Does she have a naturalization certificate or citizenship certificate? If yes, the date she became a citizen would be listed on the certificate.

But if she derived citizenship as a child, and only has a US passport without a certificate, it's quite possible that she doesn't know exactly when she became a US citizen. But it has to be on or before the date her first-ever US passport was issued.
 
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