# Another N-400 Question



## irok (Jan 10, 2008)

Even if I came here on a spousal visa K1 (back in 2000) is it alright to apply for naturalization as "Have been a Permanent Resident for the past 5
years and have no special circumstances" as it seems easier than the "Currently married to and living with a U.S. citizen; and
Been married to and living with that same U.S. citizen for the past 3 years; and Your spouse has been a U.S. citizen for the past 3 years." as I have been a permanent resident since 2001?
I am still married to the same US spouse.
I just seems easier to go the 5 year route do you think?
Another reason is that my kids in Australia just aged out of child support (this month) so I wouldn't have to mess with providing proof of child support payments etc.

thanks
Paul


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## Bevdeforges (Nov 16, 2007)

Given that you are married to a US citizen, I don't think "going the 5 year route" is going to get you out of anything. They'll still want to make sure that you are current on your child support payments. (It's a big deal in the US these days.)

If anything, being married to a US Citizen and having entered on a spousal visa, if you claim to "have no special circumstances" that could throw up all sorts of red flags on the initial review of your papers. Go the path of least resistance and let your spouse give you whatever advantages that entitles you to.
Cheers,
Bev


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## irok (Jan 10, 2008)

Bevdeforges said:


> Given that you are married to a US citizen, I don't think "going the 5 year route" is going to get you out of anything. They'll still want to make sure that you are current on your child support payments. (It's a big deal in the US these days.)
> 
> If anything, being married to a US Citizen and having entered on a spousal visa, if you claim to "have no special circumstances" that could throw up all sorts of red flags on the initial review of your papers. Go the path of least resistance and let your spouse give you whatever advantages that entitles you to.
> Cheers,
> Bev


I didn't mean I am trying to get out of anything.
I just thought that because I have been here (a permanent resident) more than 5 years I wouldn't have to mess with the extra paperwork.
As far as I can see there is no extra benifit filing "3 years married..." just extra paperwork that because I have been here 5 years is not necessary or am I wrong?

The "have no special circumstances" I thought, reading it refers to travel outside the USA whilst here. (??)

Why would I need to prove child support if my kids no longer receive it?
What point do they not want you to prove it???

thanks


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## Bevdeforges (Nov 16, 2007)

The issue of your kids is always a biggie. I think it's because once you have US citizenship, any kids of yours who want to come to the US could conceivably use you as a sponsor now or at any point in the future so they do need to have identity information on any blood relatives that could turn up later to claim a visa in your name.

The child support thing is just part of the police check - and they'll ask for the information no matter which basis you use to apply for naturalization. Withholding or being late with child support payments is a crime in the US and in many other countries. You're off the hook now, but it is of interest whether you made your payments when you were supposed to. Though if nothing appears in your police reports from Australia, chances are that will suffice.

Not sure of the details in the US, but I can assure you that it was easier applying for French nationality as the spouse of a French national - even though, like you, I had more than enough years of legal residence here to go it on my own. 
Cheers,
Bev


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## Fatbrit (May 8, 2008)

irok said:


> I didn't mean I am trying to get out of anything.
> I just thought that because I have been here (a permanent resident) more than 5 years I wouldn't have to mess with the extra paperwork.
> As far as I can see there is no extra benifit filing "3 years married..." just extra paperwork that because I have been here 5 years is not necessary or am I wrong?
> 
> ...


The five year route gets you out of having to prove you're in "marital union".

When you put in the naturalization application, everything goes on the table again -- some folks will end up with a deportation notice rather than a naturalization certificate.

Common pitfalls (not necessarily deportable!) include failing to declare all arrests AND citations, failure to register with Selective Service (if relevant), being out too long, etc etc.

Bev is right about the child support bee in the bonnet USCIS have shown. Heard it happening to several people recently. They also seem to be obsessed with DUI at the moment.

However, you really have no idea which tack they're going to take with you. You could be in and out of the interview in 15 minutes.....or not!


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## irok (Jan 10, 2008)

What sort of circumstances for the child support?
As I said I no longer have to pay it as of this month, so doesn't it become a non-issue?


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## Fatbrit (May 8, 2008)

irok said:


> What sort of circumstances for the child support?
> As I said I no longer have to pay it as of this month, so doesn't it become a non-issue?


I'd take paperwork to the interview documenting the fact. If they don't bring it up, it's not necessary for you to so do.

Guy I knew here in Phoenix get delayed for months with this. They demanded paperwork that he had paid child support for his UK kids from his original marriage, despite the fact they were then both in their twenties and he had stopped paying several years ago.


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