Problems in filing N400 – Naturalization based on 3 years marriage to a US citizen.

By: Shah Peerally Esq.

If a permanent residence card (green card) holder is married to a US citizen, the person can file for citizenship (naturalization) on the 2 years and 9 months anniversary of the resident card. However, in case someone is planning to file under this provision, we recommend that this person marriage is still going strong although there are arguments to be made that the marriage is not terminate. Note that if someone obtained their permanent residence through VAWA, and the abuser was a US citizen, you can still file under this provision.

For those are still living together and filing for citizenship, we recommend that you prepare to prove the bona fide of the marriage at the interview or at an early stage. Bona Fide means the marriage was not entered to defraud immigration or entered just to get immigration benefits. For this reason, we recommend you submit all documents to prove the bona fide of the marriage with the N400 application and also bring a copy at the interview. Examples of such documents are but not limited to:

1. Phone Bills;
2. Tax Returns;
3. Joint Bank Accounts;
4. Insurance policies;
5. Other joint documents,
6. Children birth certificates,etc.

You interview might be longer than a regular interview and it is nice to have your spouse accompany you. We also recommend to hire an experienced immigration lawyer to help. For more information on this issue, please contact us at 510 742 5887.