N-400 application questions

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coolguy446

Registered Users (C)
Hello,
I had the following questions with regard to N-400 application:

1. In part 6-A of the form (info. about residence), do I need to mention the foreign addresses where I resided when I went out of US for a trip less than 6 months even though I still worked and resided permanently in US?

2. In part 6-B (info. about employment), do I need to mention the school name if I was studying part time while still working full-time with my company? Also for my wife, do I need to mention the school name if she was studying part time in a school even though she was not working?

3. Do I need to provide the Status Information Letter (SIL) at the time of submitting the N-400 application even though I answered "No" to question G-33 (Are you a male who lived in the United States at any time between your 18th and 26th birthdays in any status except as a lawful non-immigrant?)? I am thinking of taking the SIL along with me at the time of the interview.

4. I was involved in an accident due to my fault and the police officer noted down some information related to my auto insurance and driving license. However the officer did not issue any ticket or fine. Is it OK to answer "NO" to question D-16 (Have you ever been arrested, cited or detained by any law enforcement officer for any reason?)

Thanks !!!
 
1) No, as it was a trip,not a relocation

2) Yes, disclose schooling regardless of if it was part time or if you worked.

3) If you have it, just bring it to interview. No need in your case to sent it with application.

4) The officer never cited you , so no need to disclose it.
 
Hi Bobsmyth,

What would be the answer to questions 1 and 2 in my case? I currently live/work in Sydney-Australia for a branch of a US company. I am on US payroll. I will be returning to the USA permanently in July. Note that I have never been out of the USA for 6 months or more.

Thanks in advance!
 
blkhawk said:
Hi Bobsmyth,

What would be the answer to questions 1 and 2 in my case? I currently live/work in Sydney-Australia for a branch of a US company. I am on US payroll. I will be returning to the USA permanently in July. Note that I have never been out of the USA for 6 months or more.

Thanks in advance!
Click to expand...

In your case you previously mentioned you had sold your US house before moving to Australia on a long term assignment, but retained a US address (co-workers) for accounts and such. For question 1 you would use Australian address as you and your wife moved there, and for question 2 you would indicate work in Australia for US company.
 
With regard to Question #1, I was sent by my company (based in US) to a short term assignment to India (< 12 months) from Dec, 2006 to Nov. 2007 and I had been on US payroll throughout my assignment. Also I maintained my permanent residence in US during my assignment and I did make a short visit to US (for ~ 3 weeks) in May-June, 2007 so as to make my trip outside US < 6 months. Before leaving for my assignment, I had filed for ReEntry permit before leaving US and during my assignment in India, I also filed for N-470 (Application to preserve Residence for Naturalization purposes) which has been approved. As per the approval of N-470 I can count my stay in India towards my requirement of "continuous residence".

So do I provide the address of my US residence for the period of this short-term assignment (in part 6-A of the N-400 form)?
 
If you have kept your US physical address during the time you are in India on temporary assignment, then disclose your US address. In your case, the issue of continuous residence wouldn't be an issue as you have an approved N-470.
 
Thanks for answering all my queries.

I forgot to ask a question related to "Affilitaions" (Part 10 - 8). Should I list the
names of all the retail stores (such as Macys, Kohls, JCPenney, Safeway etc.),
wholesale stores (such as Costco etc.), AAA etc. with whom I have membership? Does anyone have an example list of common groups that should be mentioned in the application?
 
coolguy446 said:
Thanks for answering all my queries.

I forgot to ask a question related to "Affilitaions" (Part 10 - 8). Should I list the
names of all the retail stores (such as Macys, Kohls, JCPenney, Safeway etc.),
wholesale stores (such as Costco etc.), AAA etc. with whom I have membership? Does anyone have an example list of common groups that should be mentioned in the application?
Click to expand...

Associations such as KKK, IRA, Shining Path, .etc..the point to asking is to determine if you have ever been associated with any terrorist associations. USCIS isn't interested about your AAA, Safeway, or other retail membership associations.
 
Bobsmyth,

1. With regard to my question # 4 in the opening message of this thread, I guess I was not cited as I was not given any ticket or fine. However would I be considered to be "detained" if the police officer asked some questions and noted down some information related to the accident? What is the correct meaning of "detain"? As per dictionary, it means "to be put under restraint or custody" and so based on this definition, I would not be considered detained. Is that correct?

2. Also if I travel for say 4 weeks between the approval of N-400 application and the oath ceremony, would the trip impact the grant of US citizeneship in any negative manner? Also is it OK to reschedule the oath ceremony date, if the date happens to be on a day when I am outside US? Would the rescheduling of the oath ceremony have any negative impact on the grant of my US citizenship? Also is it OK to state the reason for rescheduling the oath ceremony to be "currently outside US and visiting my parents for 4 weeks".

In the N-445 form (Notice of Naturalization Oath Ceremony), what is the motivation behind asking the question "Have you travelled outside the United States between the oath ceremony and the interview date"? Is travel outside US between the interview date and oath ceremony date considered to have any negative impact on the granting of US citizenship?

Thanks for all your help !!!
 
coolguy446 said:
Bobsmyth,

1. With regard to my question # 4 in the opening message of this thread, I guess I was not cited as I was not given any ticket or fine. However would I be considered to be "detained" if the police officer asked some questions and noted down some information related to the accident? What is the correct meaning of "detain"? As per dictionary, it means "to be put under restraint or custody" and so based on this definition, I would not be considered detained. Is that correct?
Click to expand...
That's correct.You were never detained.
coolguy446 said:
2. Also if I travel for say 4 weeks between the approval of N-400 application and the oath ceremony, would the trip impact the grant of US citizeneship in any negative manner? Also is it OK to reschedule the oath ceremony date, if the date happens to be on a day when I am outside US? Would the rescheduling of the oath ceremony have any negative impact on the grant of my US citizenship? Also is it OK to state the reason for rescheduling the oath ceremony to be "currently outside US and visiting my parents for 4 weeks".

In the N-445 form (Notice of Naturalization Oath Ceremony), what is the motivation behind asking the question "Have you travelled outside the United States between the oath ceremony and the interview date"? Is travel outside US between the interview date and oath ceremony date considered to have any negative impact on the granting of US citizenship?

Thanks for all your help !!!
Click to expand...
Unless the travel is for an extended period of time (ie 6 months) traveling between interview and oath is not an issue."Schedule conflict" is sufficient reason to give when rescheduling an oath ceremony.
 
Bobsmyth,

Couple of question regarding my approaching N-400 Filing:

1 - I have actually spent quite a bit of time out of the US over the last 18 months (am filing N-400 after 3 years, as married to US citizen). I have actually been "living" abroad, as my wife has been studying there. I have filed US taxes on suplemental income - but not on my foreign income, as this is not financially feasible - and have maintained a US residence. And I have not been out of the country for more than six months at any time - however, my returns to the US have been for only a few weeks each time, before I have gone back to the UK.
I have documentation showing residence here - bank statements, can get tax transcripts.
My concern is that, even though I have justifiable reason for being out of the country, and have not violated the rules in terms of being out for more than six months, etc, that I will get picked up on having worked in the UK and not paid US taxes on that income. Now, the taxes I filed in the US are on a very minimal income, and so I am concerned that at time of interview I will be interrogated about how we survived on this small amount of money.
I am sure that the INS cannot subpeona international financial records, but if it is stated that my wife and I have been supported by her parents, for example, while she is a student, will they require proof of this?

2 - Is traveling out of the US between time of filing N-400, and interview allowed - if it is by the same rules as usual - i.e. less than six months... etc?
 
Dracov said:
that I will get picked up on having worked in the UK and not paid US taxes on that income.
Click to expand...

If you are paying Taxes on that income in the UK then the IRS does not require you to also pay them here. You need to get a CPA familiar with the International Tax agreements.

Dracov said:
but if it is stated that my wife and I have been supported by her parents, for example, while she is a student, will they require proof of this?
Click to expand...

This bothers me. IF this is not true then you are taking a great risk. You, she and her Parents (if they affirmed it to be true and was not) will all be in contravention of the Oath you sign to "truth" on the N-400. Ya takes yer chances then.
 
Dracov said:
Bobsmyth,

Couple of question regarding my approaching N-400 Filing:

1 - I have actually spent quite a bit of time out of the US over the last 18 months (am filing N-400 after 3 years, as married to US citizen). I have actually been "living" abroad, as my wife has been studying there. I have filed US taxes on suplemental income - but not on my foreign income, as this is not financially feasible - and have maintained a US residence. And I have not been out of the country for more than six months at any time - however, my returns to the US have been for only a few weeks each time, before I have gone back to the UK.
I have documentation showing residence here - bank statements, can get tax transcripts.
My concern is that, even though I have justifiable reason for being out of the country, and have not violated the rules in terms of being out for more than six months, etc, that I will get picked up on having worked in the UK and not paid US taxes on that income. Now, the taxes I filed in the US are on a very minimal income, and so I am concerned that at time of interview I will be interrogated about how we survived on this small amount of money.
I am sure that the INS cannot subpeona international financial records, but if it is stated that my wife and I have been supported by her parents, for example, while she is a student, will they require proof of this?
Click to expand...


If you've been living with your spouse outisde the US and only returning to the US for a few weeks , expect to be grilled about your US residential ties.
The 6 month travel limit is just one of the many criteria they use to determine if you have abandoned US residential ties.
Btw, as a LPR you are required to list all your world income on your US tax return , but your tax liability may be reduced by a tax treaty to avoid double taxation.
Dracov said:
2 - Is traveling out of the US between time of filing N-400, and interview allowed - if it is by the same rules as usual - i.e. less than six months... etc?
Click to expand...
You can travel between filing and interview, but it must be disclosed at interview and is used to determine residency ties, and must not interfere with your continuous residency requirement.
 
Last edited by a moderator:
Hi again,

So do you have any idea what the likelihoods are that my application would be denied based on this foreign "residence". Assuming I get all my tax stuff in order - which I will. Just not worth the risks etc - and my explanation for the time in the UK is that my wife is finishing her Phd there, and needs my support (financial, emotional, etc). We have no intention of remaining there once she is done, and will be returning to this same (maintained) residence in the US, the moment she is done?
I know there is no hard and fast rule here, but any ideas on how this might be viewed?

Also, say the application was denied. I am pretty sure this does not proclude me from filing again - and paying the fees again etc - but any ideas on what this process entails. Would I be required to maintain a constant residence in the US for another 3 years or something, or would it be less than that?

Thanks again for any replies, ideas, advice etc.
 
Oh yeah, and Brian, thanks for your reply. It actually bothers me too, and this is why I am asking about it. I am quite concerned about making sure I am not making any stupid mistakes, and actually want everything out in the open, and the whole thing dealt with on its own, genuine, merits...
 
Dracov said:
Hi again,

So do you have any idea what the likelihoods are that my application would be denied based on this foreign "residence". Assuming I get all my tax stuff in order - which I will. Just not worth the risks etc - and my explanation for the time in the UK is that my wife is finishing her Phd there, and needs my support (financial, emotional, etc). We have no intention of remaining there once she is done, and will be returning to this same (maintained) residence in the US, the moment she is done?
I know there is no hard and fast rule here, but any ideas on how this might be viewed?

Also, say the application was denied. I am pretty sure this does not proclude me from filing again - and paying the fees again etc - but any ideas on what this process entails. Would I be required to maintain a constant residence in the US for another 3 years or something, or would it be less than that?

Thanks again for any replies, ideas, advice etc.
Click to expand...
It really depends on the IO at the interview. Some IOs can be very harsh when it comes to determination US residency ties, whether others are more lenient. At the very least you should be ready to explain to explain why your wife you are living with your wife in UK. If you are denied based on not meeting continuous residency, you can reapply as soon as you do meet the continuous residency ties once again.
 
Ok, so yet another question. Being married to a US citizen, I can file N-400 after 3 years. And I have to have satisfied the physical presence requirements of at least half of this time. But what happens if I leave the N-400 application longer. Say I leave it until next year, when we have returned to reside in the US, what happens to the physical presence requirements? Will I have to have spent at least 2 out of the 4 years here?
I imagine that in some ways it might be easier, having come back and actually residing here for while - my wife is still about 6 months away from finishing in the UK and, though I am currently in the US (until end of July), the intention was to return there for a while after filing and before interview.
Any advice?
 
Bobsmyth,

in relation to your reply and my following question: do you know what the re-establishment of this continous residency entails?
 
Dracov said:
Bobsmyth,

in relation to your reply and my following question: do you know what the re-establishment of this continous residency entails?
Click to expand...

If the trips and living with your wife in UK is the cause of a potential denial, then you would need to re-establish 3 years of continuous residence by residing in the US with your wife and not traveling for extended periods of time outisde the US. (ie over 6 months).
Focus on providing sufficient evidence to overcome any presumption in break of US residency ties. If your application is denied, then go from there.
 
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