Proof of USC for applicant spouse

D

dhlunar

Registered Users (C)
My wife is going to be filing her N-400 in a little over a month. She will be applying based on the 3-year married to a USC rule, but filing within the 90 days before the eligibility is meet.

I am a native born USC. I had a 10-year US passport that was about to expire that I sent into the State Department to be renewed. I should have my new passport within a couple of weeks. My question is since I am required to show in my wife's N-400 application that I have been a USC for longer then 3 years, should I send copies of the personal information page from both the old (cancelled) passport and the new passport? Or, would it be advised to send a copy of my original birth certificate that is in our safe deposit box?
 
dhlunar said:
My wife is going to be filing her N-400 in a little over a month. She will be applying based on the 3-year married to a USC rule, but filing within the 90 days before the eligibility is meet.

I am a native born USC. I had a 10-year US passport that was about to expire that I sent into the State Department to be renewed. I should have my new passport within a couple of weeks. My question is since I am required to show in my wife's N-400 application that I have been a USC for longer then 3 years, should I send copies of the personal information page from both the old (cancelled) passport and the new passport? Or, would it be advised to send a copy of my original birth certificate that is in our safe deposit box?
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I'd send a copy of your U.S. birth certificate as a proof of your U.S. citizenship. It is simpler and avoids the possibility of confusion and mix-up by USCIS.

Regarding the 90 days early filing of N-400 by your wife: note that the 90 days early filing rule applies only to the continuous residency requirement. All the other relevant requirements for naturalization must be satisfied at the moment of filing an N-400. For marriage-based N-400 applications, this includes being married for full 3 calendar years to a U.S. citizen spouse.
That is, your wife must be married to you for at least 3 full years at the moment she submits her N-400.
 
Send a copy of your birth certificate with the application. Then she should bring your official birth certificate the interview.
 
Yes we have been married for 3 years. Our 3 year anniversary was about two weeks ago.

In terms of time outside of the US since she got her GC, she spent about 15 weeks (not all at once) within the last almost 3 years outside the US.

Oh, when the N-400 ask what countries she visited, does she need to list the countries that she transferred planes but did not go through passport control? For example, my wife is from Eastern Europe and usually travels home via Germany. She is only on the ground in Germany for a couple of hours each time and stays on the international side of passport control.
 
I wonder why birth certificate is enough. The following people with US birth certificates are still not citizens

(1) children born to certain foreign diplomats
(2) those who are born US citizen but renounced US citizenship
(3) US nationals but not US citizens
 
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