some questions about filing N-400

B

big-bird

Registered Users (C)
I am getting ready to send my N-400 form , but i have a few questions .
On part 8 about marital status , section G ask me how many times my wife as been married.
She was married once before me , so should I put 2 including our marriage or 1 ?
And on the prior's spouse info for my wife's previous marriage , i presume they are asking about her previous husband , right ?
On the information about my children, i will include my son i had with my wife , should i include as well my wife's children she had with her previous husband ? ( they have lived with us since her divorce ) .
On the selective service part , i know i did not register ( i came to the US when i was almost 26 and was not aware of that requirement ) but got a letter from the selective service administration a couple of years, should i still write a letter with a copy of that letter to explain why i did not register or what i got from the selective service will be enough ?

Thanks in advance for the help :)
 
Marriage question: Answer is 2 times (including your marriage)

On the children, list all children, irrespective of their origin (her previous marriage)

On selective service, you came to the US on what type of visa? If you have a letter from SS, attach it to the N400.
 
Al Southner said:
Marriage question: Answer is 2 times (including your marriage)

On the children, list all children, irrespective of their origin (her previous marriage)

On selective service, you came to the US on what type of visa? If you have a letter from SS, attach it to the N400.
Click to expand...

Thanks for the answers , i came to the US with a permanent resident visa.
 
On the selective service question, how old are you now? Did the failure to register happen outside your statutory period? That is, more than 3 or 5 years ago?
 
big-bird said:
I am 38 now , it happened more than 5 years ago
Click to expand...

You came to the US as an adult male permanent resident before age 26, so you were supposed to register.

But now that you are past 31, the lack of registration won't matter for naturalization. You won't need to include a letter, and it's unlikely the officer will ask anything about it. If they ask, just remind them that you are 38 years old.
 
big-bird said:
That's what i thought , but should i still include a letter with my N-400 form to explain why i did not register ?

Thanks for the answer
Click to expand...

It doesn't hurt to bring the letter to the interview in case the IO asks for it, since you were required to register at the time. Reminding the IO that you are now 38 yrs old is not a defense for not having the letter.

Applicants Over 31 Years of Age

Failure to register for Selective Service will generally not prevent a man who was over 31 years of age on the day he filed his naturalization application from demonstrating that he is eligible for naturalization. Even if the applicant was required to register and the applicant's failure to register was knowing and willful, the failure occurred outside of the statutory period during which the applicant is required to establish his attachment to the good order and happiness of the United States. The INS may, of course, consider a person's conduct before the beginning of this period. INA § 101(f) (last sentence) and § 316(e). If the INS denies naturalization to a man who is at least 31, based on his failure to register with Selective Service, the decision must state explicitly the basis for finding that the failure to register warrants denial of naturalization. As a practical matter, a male applicant over 31 years of age who failed to register with Selective Service should, ordinarily, be found eligible for naturalization unless INS has other evidence, in addition to the past failure to register, that demonstrates that the applicant is not well disposed to the good order and happiness of the United States.

http://shusterman.com/naturalizationselectiveservice.html
 
Bobsmyth said:
It doesn't hurt to bring the letter to the interview in case the IO asks for it, since you were required to register at the time. Reminding the IO that you are now 38 yrs old is not a defense for not having the letter.
Click to expand...
Yes it is. After 31, the burden is on USCIS to say why the failure to register is a (part of the) reason for denial, not on the individual to explain why they didn't register. It would take an extremely anal IO to decide to go against standard policy on this issue and press an over-31 individual further about it.
 
Last edited by a moderator:
big-bird said:
On the selective service part , i know i did not register ( i came to the US when i was almost 26 and was not aware of that requirement ) but got a letter from the selective service administration a couple of years, ...
Click to expand...

"A couple years" what? A couple of years after you came to the US?

What did that letter say? Was it saying you should register? Or that you've already been registered? They may have automatically registered you as part of the green card process. Have you checked the Selective Service web site to see if you were already registered?
 
Last edited by a moderator:
Jackolantern said:
Yes it is. After 31, the burden is on USCIS to say why the failure to register is a reason for denial, not on the individual to explain why they didn't register.
Click to expand...

Good luck on using that line with an IO who requests to see SS letter. The last thing a candidate wants to do at an interview is lecture an IO on what he/she think the law says.
 
Jackolantern said:
"A couple years" what? A couple of years after you came to the US?

What did that letter say? Was it saying you should register? Or that you've already been registered? They may have automatically registered you as part of the green card process. Have you checked the Selective Service web site to see if you were already registered?
Click to expand...

No , I had requested a letter from the selective service two years ago, after i learned that i could need one for immigration issues .
What I am not sure is if i should include a written statement with a copy of that letter when i send the N-400 form
 
big-bird said:
No , I had requested a letter from the selective service two years ago, after i learned that i could need one for immigration issues .
What I am not sure is if i should include a written statement with a copy of that letter when i send the N-400 form
Click to expand...

Definitely don't send any letter about it with the N-400. If you're going to write or obtain any letter like that, save it for the interview and only show it if necessary. And it almost surely won't be necessary -- either they'll skip past the issue, or if they say anything they'll move on once you remind them you're over 31.
 
Last question i think on filing N-400 .
On the job section , it ask the date starting and ending , for my current job , in the right box where it says until, should i put " present" because i am with the same employer, put the date i send the application , or leave it blank

Thanks
 
big-bird said:
Last question i think on filing N-400 .
On the job section , it ask the date starting and ending , for my current job , in the right box where it says until, should i put " present" because i am with the same employer, put the date i send the application , or leave it blank

Thanks
Click to expand...

Yes, present should be there on your current job. For example, you started working at that job on Jan 1, 2004-Present....

Don't send any letter explaining the SS issue, USCIS doesn't care about your explanation. The IO might discuss this issue in person, but I don't foresee this to be an issue.
 
Al Southner said:
Yes, present should be there on your current job. For example, you started working at that job on Jan 1, 2004-Present....

Don't send any letter explaining the SS issue, USCIS doesn't care about your explanation. The IO might discuss this issue in person, but I don't foresee this to be an issue.
Click to expand...

Thanks

Waiting for my small refund from my tax return now , so i get some extra money to file my N-400 ;)
 
You must log in or register to reply here.
Top