Naturalization based on Marriage to US Citizen

[MasterArcht]

My question is about the eligibility to apply for US Citizenship based on marriage to US Citizen. The naturalization form says you need to have been married and living together with your US citizen spouse for the last 3 years. Do we need to submit any documents to prove this? Also, is it a problem if the spouses have to live apart (due to work) after the application is made? Thank you.

 

[Bobsmyth]

Yes, you'll have to prove evidence at the interview that you were married during the last 3 years including including tax receipts, utility bills, bank accounts etc. Living apart temporarily due to work shouldn't be an issue as long as you kept the same main address.

 

[Jackolantern]

Living apart temporarily due to work shouldn't be an issue as long as you kept the same main address.

But it may still be necessary to convince the interviewer that the living apart is indeed temporary ... either showing that one or both of you is on a time-limited contract job far away, or you are both relocating but one of you is still looking for a job in the new city before moving, or one of you needs to take care of a sick parent, etc.

 

[2BUSCTZN]

They did not ask me anything regarding this. Just the passport to see the travel details..that is it! I guess, from the background checks and stuff they can tell if some one has fishy relationships and stuff. Not sure though!!

 

[harvydonald]

Only provide the documentation required for filing, do not provide excess information when filing. If they have doubts, they will ask for additional proof during the interview, or by mail.

 

[Jackolantern]

They did not ask me anything regarding this. Just the passport to see the travel details..that is it! I guess, from the background checks and stuff they can tell if some one has fishy relationships and stuff. Not sure though!!

Were you living apart from your spouse, and applying under the 3-year-married-to-USC rule?

 

[MasterArcht]

No, we're not living apart. It's just that we may end up getting jobs in two different states in a month or so, which is like 2 months before I apply for citizenship. So I'm a bit concerned about what will happen if we end up living apart for two months before I apply? Will it be a problem when I apply? And later in the interview, will they ask for documents regarding where we live?

 

[Jackolantern]

Actually, my question was for 2BUSCTZN, who said they didn't ask for anything but the passport. I find that would be unusual if 2BUSCTZN was applying based on the 3 year marriage, but not so much if the application was under the 5 year rule.

 

[Jackolantern]

It's just that we may end up getting jobs in two different states in a month or so, which is like 2 months before I apply for citizenship. So I'm a bit concerned about what will happen if we end up living apart for two months before I apply? Will it be a problem when I apply? And later in the interview, will they ask for documents regarding where we live?

The 3-year rule is based on being married to and living with a US citizen, so yes they may ask for tons of things to establish that you are living together, and an explanation for it if you aren't. People have been asked to provide mortgage statements, bank statements, proof of airline/bus/train travel between cities, etc. Or they may ask for very little.

Questions like this may arise:
- Is either of the jobs a temporary contract, ending before the interview or soon after?
- Are you both spending the nights in the same place (i.e. live in one state work in another)? Or at least the weekends? Or otherwise frequent travel between cities for one or both of you?

 

[MasterArcht]

Thank you for the info. As I understand it, we do not have to submit any documents with the naturalization application (at the time we apply), is this correct? We may be asked to provide documents at the time of the interview, right?

And based on your responses, I gather that if my spouse and I start living in two different states after I file my naturalization application, it may create problems, although the 3-year rule will have been met by then?

 

[bggirl]

I have just submitted my paperwork for naturalization based on the the 3-year rule. I don't know whether I was supposed to file any paperwork to support my application but I still did (thanks to reading posts in this and another forum). I think this can only help. However, I cannot say for sure! Maybe if they need something else from what you've provided, they'll ask for it in the IL??

 

[Washburn27]

I only sent what they specified in the "document checklist" of the "guide"/N400 from USCIS.
with the IL., they send another list of doc'd that they want to see.

When going to the IV, i'm gonna take additional doc's which I may think help if they still want further proof/documentation, etc...pretty much everything we have

But for the application, what they specify should be enough. They look at additional proof and original doc's at the IV I think.

 

[Jackolantern]

And based on your responses, I gather that if my spouse and I start living in two different states after I file my naturalization application, it may create problems, although the 3-year rule will have been met by then?

"Met by then" isn't sufficient. The requirements of continuous residence and being married and living with the US citizen continue all the way until the oath. If you get divorced or legally separated after applying but before the oath, they'll deny the naturalization. Or if you cannot convince the interviewer that you're still living together (with only temporary breaks due to circumstances) at the time of the interview, that's also grounds for denial.

 

[McTavish]

From the N400 document checklist.


All applicants must send the following 3 things with their N-400
application:
A photocopy of both sides of your Permanent Resident Card (formerly
known as the Alien Registration Receipt Card or "Green Card"). If you
have lost the card, submit a photocopy of the receipt of your Form I-90,
Application to Replace Alien Registration Receipt Card;
Two (2) identical color photographs, with your name and "A" number
written lightly in pencil on the back of each. For details about the
photo requirements, see photo section; AND
A check or money order for the application fee and the fingerprinting
fee, as stated in the M-479 Current Naturalization Fees enclosure in the
Guide. (Applicants 75 years of age or older are exempted from
fingerprinting and the fingerprinting fee). Write your "A" number on the
back of the check or money order
Send COPIES of the following documents, unless asked for an original.

If an attorney or accredited representative is acting on your behalf,
send: A completed original Form G-28, "Notice of Entry of Appearance as
Attorney or Representative."

If your current legal name is different from the name on your Permanent
Resident Card, send: The document(s) that legally changed your name
(marriage certificate, divorce decree, or court document).

If you are applying for naturalization on the basis of marriage to a U.S.
citizen, send the following 4 things:
Evidence that your spouse has been a U.S. citizen for the last 3 years:
birth certificate (if your spouse never lost citizenship since birth),
OR
naturalization certificate, OR
certificate of citizenship, OR
the inside of the front cover and signature page of your spouse's
current U.S. passport, OR
Form FS240, "Report of Birth Abroad of a Citizen of the United States
of America"
Your current marriage certificate; AND
Proof of termination of ALL prior marriages of your spouse (divorce
decree(s), annulment(s), or death certificate(s)); AND
Documents referring to you and your spouse:
tax returns, bank accounts, leases, mortgages, or birth certificates
of children, OR
IRS-certified copies of the income tax forms that you both filed for
the past 3 years, OR
an IRS tax return transcript for the last 3 years.
If you were married before, send:
Proof that ALL earlier marriages ended (divorce decree(s), annulment(s),
or death certificate(s)).

 

[number30]

They should not ask for the relationship once the condition is removed. Some one might have divorced still he gets the citizenship. Once you have done the removal of condition you need not have any problems even if you are staying different cities.

 

[Jackolantern]

They should not ask for the relationship once the condition is removed. Some one might have divorced still he gets the citizenship.

Not if the naturalization application is based on being married to a US citizen for 3 years.

 

[Washburn27]

They should not ask for the relationship once the condition is removed.

dangerous and false info/advise there!
you should read the instructions for the N400 and the "guide" again.

They do ask for evidence of current relationship in good standing if the N400 is marriage based. (they clearly state that on the application that they need proof of genuine and continuous relationship).
This has nothing to do with whether your conditions are removed or not.

 

[MasterArcht]

dangerous and false info/advise there!
you should read the instructions for the N400 and the "guide" again.

They do ask for evidence of current relationship in good standing if the N400 is marriage based. (they clearly state that on the application that they need proof of genuine and continuous relationship).
This has nothing to do with whether your conditions are removed or not.

My only problem with this (that is, with USCIS' interpretation) is that the relationship is genuine and continuous even if the spouses work in different states and have to live apart for awhile. We have lived together for the last 4 years, but it seems like if we end up moving to different states at this point, it will only create problems for my naturalization application..I am really in a quandary. We do need to send our leases as supporting documents after all, right?

 

[Jackolantern]

My only problem with this (that is, with USCIS' interpretation) is that the relationship is genuine and continuous even if the spouses work in different states and have to live apart for awhile.

How long is "awhile"? That's a big part of whether you should expect problems or not.

 

[Washburn27]

We do need to send our leases as supporting documents after all, right?

for the application, the guide clearly states leases OR Tax returns (we sent tax returns and it was fine, so i'm sure of that; in the IL they did ask to bring other supporting evidence, such as leases, bank accounts, etc, but didn't single out leases, and that letter is a form letter normally, not specific to applicant AFAIK);
but then IN the interview, they might ask for leases as supporting evidence, depending on how convinced they're otherwise.

I think they always mention other supporting evidence, but if they clearly see that the relationship is genuine, they may not be very strict with them; all depends on what impression IO gets from the original application, I think. But one should always assume that they need them, otherwise they wouldn't mention it in the application and/or IL letter.

in my personal case, when I got GC, the IO hardly looked at any "supporting" evidence (of rel.ship/marriage), although we had them ready; our case is a clean, straightforward one, and we never had any problems...so far, N-400 looks to be the same.

In your case, because you lived separate, you should take ANY and EVERY piece of evidence/documents you can get your hands on, just to be ready. better be safe and over-prepare than vice versa.