USCIS - Important links for N400

kashmir

Registered Users (C)
#23
Does anyone know how to obtain the "trip record" from USCIS. I totally forgot the exact date and month of my travel out side usa. I believe I need to furnish the exact date and month over form N-400. I went to canada once by car and the border CIS officer did not stamp my passport. This is an issue as well. Thanks!
https://help.cbp.gov/app/answers/detail/a_id/976
Record of my travel in and out of the United States, FOIA
 
#24
I recently became a US citizen (so happy!), and personally I used this free website that helped me prepare for the citizenship test: uscitizenshipsupport.com. They also have preparation for N400.
 
#27
hi everyone,

I applied for N400 on 03/06/18, 3 year rule.
I passed English and civic tests. 02/08/19 I got denied notice; officer said my husband works in Texas since dec2017 while I am in California. I have perfect documents; joint stuff. We are married and live together, but just he needs to work in Texas, so he leaves California.

Shall I appeal? I feel that she goes over the timeframe of naturalization (03/06/15-03/06/18). If she only focused on timeframe, I still lived union with my husband.
 

SusieQQQ

Well-Known Member
#28
hi everyone,

I applied for N400 on 03/06/18, 3 year rule.
I passed English and civic tests. 02/08/19 I got denied notice; officer said my husband works in Texas since dec2017 while I am in California. I have perfect documents; joint stuff. We are married and live together, but just he needs to work in Texas, so he leaves California.

Shall I appeal? I feel that she goes over the timeframe of naturalization (03/06/15-03/06/18). If she only focused on timeframe, I still lived union with my husband.
The law requires you to be living in marital union right up to the oath ceremony.

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume12-PartG-Chapter2.html

Relevant extracts for your case:

1. Married and Living in Marital Union


In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application. [19] USCIS considers an applicant to “live in marital union” with his or her citizen spouse if the applicant and the citizen actually reside together.

An applicant does not meet the married and “living in marital union” requirements if:

•The applicant is not residing with his or her U.S. citizen spouse at the time of filing or during the time in which the applicant is required to be living in marital union with the U.S. citizen spouse;
or

•The marital relationship is terminated at any time prior to taking the Oath of Allegiance.

If the applicant ceases to reside with his or her U.S. citizen spouse between the time of filing and the time at which the applicant takes the Oath of Allegiance, the officer should consider whether the applicant met the living in marital union requirement at the time of filing.

There are limited circumstances where an applicant may be able to establish that he or she is living in marital union with his or her citizen spouse even though the applicant does not actually reside with the citizen spouse. [20]
In all cases where it is applicable, the burden is on the applicant to establish that he or she has lived in marital union with his or her U.S. citizen spouse for the required period of time. [21]
 
#29
1. Married and Living in Marital Union


In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.

I am a spouse of a U.S. citizen till Oath AND lived in marital union 3 years (03/06/15-03/06/18) (I lodged form on 03/06/18); however, now we live in different states due to job. Denial letter say I don't live with him now, but the law only requires 3 years, which is 03/06/15-03/06/18, not about now. Now, we are still spouse.

Is it a mistake of denial decision on my application?
 

SusieQQQ

Well-Known Member
#30
1. Married and Living in Marital Union


In general, all naturalization applicants filing on the basis of marriage to a U.S. citizen must continue to be the spouse of a U.S. citizen from the time of filing the naturalization application until the applicant takes the Oath of Allegiance. In addition, some spousal naturalization provisions require that the applicant “live in marital union” with his or her citizen spouse for at least 3 years immediately preceding the date of filing the naturalization application.

I am a spouse of a U.S. citizen till Oath AND lived in marital union 3 years (03/06/15-03/06/18) (I lodged form on 03/06/18); however, now we live in different states due to job. Denial letter say I don't live with him now, but the law only requires 3 years, which is 03/06/15-03/06/18, not about now. Now, we are still spouse.

Is it a mistake of denial decision on my application?
Looked a bit more. It appears previous guidance was conflicting and said different things in different parts of the legislation. Uscis in October last year clarified the policy guidance to be what you understand it to be. Without knowing anything about the logistics of the appeal process (cost, time etc) or any other facets of your case you may want to use this to help support an appeal. https://www.uscis.gov/policymanual/Updates/20181012-MaritalUnion.pdf
You also may want to contact a lawyer for assistance.
 
#31
Yes. Conflicting. Officer confused this critical thing.
I believe it's a mistake of denial decision by considering living together now while we already met the requirement of 3 years of living marital union(03/06/15-03/06/18), (I lodged application on 03/06/18).
 
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