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N400 - Apply under 5 Year Rule RFE (Proof of marital union for at least three years)

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  • N400 - Apply under 5 Year Rule RFE (Proof of marital union for at least three years)

    My mother filed her n-400 under the five year rule (11 year living in the usa) after the interview after a while just came a RFE .

    Submit proof that you and your spouse lived in marital union for at least three years before you
    filed Form N-400.

    IRS tax return transcript or federal tax returns that you and your spouse filed for the past 3
    years;

    Birth certificate(s) of children;
    Insurance policies;
    Rent or mortgage payments;
    Utility bills.

    The issue is that they were both separated for a long time, the N400 form is checked as separated. We have the tax returns as married filling separately.

    How should we respond to this RFE.

    Thanks in advanced,​

  • #2
    Hello, I hope your were able to figure it out.

    I came across your question while looking up info about a situation that is partially similar. Would you mind sharing what you did and how it turned out?
    Thanks in advance!

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    • #3
      This was the response: Confirm the application was filed correctly and advise the officer the filing is under the 5 year rule and the 3 year rule RFE would be inapplicable. Copy the response to the district office director. My mom already naturalized!!

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