N-400 Help

A

aussie_okie

Registered Users (C)
Hi,

I came to the USA from Australia on a spousal visa K1 (back in 2000).
I just decided to apply for naturalization.
I have been a Permanent Resident since 2001.
I am still married to the same US spouse.

Part 2 of the N-400 it asks:

I am at least 18 years old AND
1/ I have been a Lawful Permanent Resident of the United States for at least five years.
2/ I have been a Lawful Permanent Resident of the United States for at least three years, and I
have been married to and living with the same U.S. citizen for the last three years, and my
spouse has been a U.S. citizen for the last three years.

My question:

Is it alright to apply for naturalization as option 1 "I have been a Lawful Permanent Resident of the United States for at least five years." as it seems less paperwork than option 2 "I have been a Lawful Permanent Resident of the United States for at least three years, and I have been married to and living with the same U.S. citizen for the last three years, and my spouse has been a U.S. citizen for the last three years."


It just seems easier to go the 5 year route do you think (no need to supply Tax returns, etc)
Or do I have to apply option 2 because I originally came out on a K2, even though I meet the 5 year criteria?

Also, my kids in Australia just aged out of child support (this month) so I wouldn't have to mess with providing proof of child support payments etc?


thanks
Paul
 
Hey Paul,

I went for option one as it is really way less painful. Only filed the basic N-400 stuff and nothing else. Didn't need proof for anything during my interview, no tax stuff or anything. Probably also because I got my GC in 2000 with 6 prior years of H1B. Thus from a time perspective, I did apply way past the years I could have.

I think that's in part why it was easy. Same with my GC. My wife and I had a well established relationship before we married.
 
Hi MartinAub,

Thanks for the reply.
That is what I thought, seems easier.
I was just not sure if because I came on a K2 spousal visa I would need to file option 2.

thanks
 
Option 2 in my opnion

aussie_okie said:
Hi MartinAub,

Thanks for the reply.
That is what I thought, seems easier.
I was just not sure if because I came on a K2 spousal visa I would need to file option 2.

thanks
Click to expand...

Hmmmmm, personally I thought that you need to go for option 2 since you first came on K2 visa and that's how you got your GC, I mean thru your spouse correct? Not too sure, you may want to get more feedback and responses from other users too just to be on the safe side. Since Martin has already experienced this scenario and has gone thru the same experience, option # 1 may be the way to go.
 
Nope,

after 5 years of LPR he can do this by himself. The GC counts, not why he got it or his initial visa. IO wouldn't even talk to my wife, although she was there waiting with me.
 
Atlanta_Brother said:
Hmmmmm, personally I thought that you need to go for option 2 since you first came on K2 visa and that's how you got your GC, I mean thru your spouse correct? Not too sure, you may want to get more feedback and responses from other users too just to be on the safe side. Since Martin has already experienced this scenario and has gone thru the same experience, option # 1 may be the way to go.
Click to expand...

Yes I did get it through spouse.
I will see what others say.

thanks
 
This is entirley off subject but I noticed on my AUS Passport (I am going to renew so I can travel to AUS Jan 09) that they have my city of birth as my states capital (Melbourne)
I had never noticed before.
Is it hard to get it changed here in the USA. I can renew if I enter Melbourne in the renewal form online or will they somehow 'check it against a birth certificate???
I feel maybe I should just leave it alone.
 
Put in the correct info and when you renew your passport have the Aussies correct it.
Best if everything from b-certificate to Passport reflects the same.

Though, I thought Aussies would pay attention to detail :)

Btw, been twice in Melburne - hated the flight, but a nice city.
 
MartinAub said:
Put in the correct info and when you renew your passport have the Aussies correct it.
Best if everything from b-certificate to Passport reflects the same.

Though, I thought Aussies would pay attention to detail :)

Btw, been twice in Melburne - hated the flight, but a nice city.
Click to expand...

It actually rejects the online renewal if I put the correct info in, I guess I will have to contact a consulate...great.
 
Yeah - sucks.

I wrote our President about visiting the Consulate, but he just doesn't get it. Another 2k out the window for a freaking passport. It's starting to tick me off. I think I stop by there after I got my US one on Thursday and give them an ear full. Oh, can have them make a copy of the natz certificate, then I don't have to mail it :)
 
The place of birth issue is not really important for the n400. I wouldn't worry about correcting it just for the sake of the application. During the interview the passport is used for proving travel dates for some people but most won't even be asked for it.

Also the n400 is simple for the 5 yr rule. The marrg based n400 needs more proof and supporting docs, I assume to prevent fraud cases.
 
aabbcc11 said:
The place of birth issue is not really important for the n400. I wouldn't worry about correcting it just for the sake of the application. During the interview the passport is used for proving travel dates for some people but most won't even be asked for it.

Also the n400 is simple for the 5 yr rule. The marrg based n400 needs more proof and supporting docs, I assume to prevent fraud cases.
Click to expand...

What about re-newing my passport, do you think the wrong birth city is really a problem? I have used it to enter the USA and Canada with no problems, I may just renew it with Melbourne as it is now, can't see it is really an issue.
 
The correction during renewal is up to you. Does it matter to the Oz govt? Because the US gov won't care most likely.
 
Yeah,

and many years from now your grand-grand children wonder about history of grand-grand-grand mom and they get stuck because grand-grand father didn't bother to update his passport and they are going to wish him to hell.

Going sloppy on your family tree?
 
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