9+ years as Resident, or Basis of Marriage to Us Citizen...?

[OscarNav]

Hi again. Does any one know or can tell me if i need to send my marriage certificate, tax papers, and other supporing documents with my N-400 application....?

I have been married 12 years to the same US Citizen, have been a Permanent resident since March of 1998. I am now just starting my N-400 application, one year before my Resident Card expires (i have been putting this off, just lack of urgency on my part).

This is VERY confusing to me, i remember sending all those documents when i first applied to be a resident. Back in 1997. Do they need all these documents all over or am i NOT applying on basis of marriage to a U.S. citizen...? Seems like i would be since i am married to the same person. Aren't I..? Someone please explain. Thanks

[mario]

doesn't matter

OscarNav - I just completed my interview 2 weeks ago and I can tell you that all that matters is that you don't have any issues with your status (don't lie about anything, even the minutest detail, have all paper work in order, etc).

Here's what you need to send if you are applying for naturalization on the basis of marriage to a U.S. citizen:

1. A photocopy of both sides of your Permanent Resident Card

2. 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 part 5 of A Guide to Naturalization

3. A check or money order for the application fee and the fingerprinting fee

4. Also send the following 4 things:

a. 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”

b. Your current marriage certificate; AND

c. Proof of termination of ALL prior marriages of your spouse (divorce decree(s), annulment(s), or death certificate(s)); AND

d. 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.

[OscarNav]

See that is what i don't know. I dont know if i should be applying for Citizenship because of the time i have here as a resident, or because i married a US Citizen. How do i find out which one i am....?

Like i said in my earlier post, i have been residing in the US as a Legal Permanent Resident since March of 1998. I have more than the 5 years they require to apply for Naturalization. I have been married to my husband for near 12 years now. I am over 18 and my husband is a US born Citizen. I still am NOT clear which category i am, or should i say, file my application by. Someone please help before i make i mistake on my application.

In other words do i need to send the last 4 documents, rather than just the First 3...????

Thanks.

[mario]

Okay, I now see your point - you got your GC in 1998 by marrying a citizen in 1995.

Just to let you know, if you were applying on the basis of marriage, you typically would do it after 3 yrs. of marriage to the U.S. citizen. It's water under the bridge now, but you should have applied for citizenship back in 1998 (instead of permanent residence)

My take is that you should simply apply as a permanent resident who has been in that status for the last 5 years. In which case, you only need to send the 1st 3 items. One thing that they will DEFINITELY ask you during your interview is HOW you got your GC and I'm 100% positive that they will then ask you for your marriage stuff like license, tax returns, etc. As a matter of fact they might ask you to send that stuff before your interview anyway......

Keep in mind that you are applying for citizenship, not permanent residence. So, the stuff about being married to a USC does not really matter at this point in time. It would have mattered back in 1998, if you were applying for citizenship. Get me?

[OscarNav]

Okay, I now see your point - you got your GC in 1998 by marrying a citizen in 1995.

Just to let you know, if you were applying on the basis of marriage, you typically would do it after 3 yrs. of marriage to the U.S. citizen. It's water under the bridge now, but you should have applied for citizenship back in 1998 (instead of permanent residence)

My take is that you should simply apply as a permanent resident who has been in that status for the last 5 years. In which case, you only need to send the 1st 3 items. One thing that they will DEFINITELY ask you during your interview is HOW you got your GC and I'm 100% positive that they will then ask you for your marriage stuff like license, tax returns, etc. As a matter of fact they might ask you to send that stuff before your interview anyway......

Keep in mind that you are applying for citizenship, not permanent residence. So, the stuff about being married to a USC does not really matter at this point in time. It would have mattered back in 1998, if you were applying for citizenship. Get me?

Yes, i got my Permanent Residence through marriage in 1998. I know i should have applied for Citizenship earlier, shame on me. I'll just apply for the status of the 5 year thing.

Thanks for the quick replies, hopefully i can send my application no later than Wed. of next week. This brings me to another question, i'll start another thread about this though, Thanks again.