One more question about filing the N-400 and dependent support.....

[easybay]

First of all a big thank you to all who have replied to my other questions, and for this forum itself - it has been a great help and money saver, not having to consult a lawyer for my endless questions.....

Ok - my husband and I live in California and our 2 daughters ages 17 and 19 (soon to turn 18 and 20) are both living and going to college in Texas. They are both our children (no ex-spouses) On the M-477 check list it asks if you have a dependent spouse or child (ren) who do not live with you send: evidence of financial support.

Do we need to do this? What is the definition of a dependent child? Where do I find a definition of a dependent child?

 

[Jackolantern]

That would be a child under 18 whom you are obligated to support. Obviously that would exclude your 19 year old.

As a full-time college student the 17 year old would be effectively considered to be living with you if she still treats your place as her permanent address and other facts are consistent with that ... i.e. her state ID/DL has your address, you still have legal custody, she regularly stays at your place on weekends and/or breaks between semesters, she is classified as an out-of-state student in Texas because of her connection to you in California. So if that's the situation with her, you don't have any dependent children not living with you (unless there are other children you haven't mentioned).

 

[easybay]

I figured that would be the case - I've been downloading bank statements and tuition payment records, and her housing dorm payment receipts for the last hour. It'll probably be a moot point since she turns 18 in December and I'm sending in our application this week (5 years GC on Monday Sept 13 - 3 months residency in California on Saturday Sept 11). If we are lucky maybe we can get this wrapped up by her birthday in December, and then she will be naturalized automatically through us.

One more question....

I am planning on submitting our applications at the same time in 2 separate envelopes (in one larger envelope). In that way, I hope we will get appointments scheduled together. Must I duplicate the dependent information for her with my application? I'm not working right now, so technically I'm a dependent of my husband, so it doesn't make sense for me to claim that she is my dependent.

 

[Jackolantern]

I figured that would be the case - I've been downloading bank statements and tuition payment records, and her housing dorm payment receipts for the last hour.

Bring that stuff to the interview, but don't send it with the application. It's unlikely the interviewer will ask or care about those details, once they see she's in college and that you're still married and living with your spouse. The intent of the "dependent children not living with you" is to check if you're paying child support for a child who lives with the other parent (or somebody else) as a result of divorce, separation form the other parent, or you losing full custody for some other reason -- i.e. not situations like yours.

I am planning on submitting our applications at the same time in 2 separate envelopes (in one larger envelope). In that way, I hope we will get appointments scheduled together. Must I duplicate the dependent information for her with my application? I'm not working right now, so technically I'm a dependent of my husband, so it doesn't make sense for me to claim that she is my dependent.

Both you and your husband should list all your children in part 9 of the N-400. There is no need to duplicate the other information, unless you get interview appointments for the same day thus requiring both of you to carry the documents the interview.

Make sure to bring the birth certificates of both your children. They may ask to see the birth certificates.

 

[easybay]

Well - thanks - I think I'm finished everything - except for getting our photographs taken. So my VERY LAST QUESTION is - do you smile or have an emotionless face in the picture. Our greencard and Canadian passport photos are VERY strict with no emotion showing in the picture.....Once last bit of advice for me please?