new process

[mikepellicore]

Hello everyone, I have been silent for a long time, but I have stopped in from time to time to check up on everyone. My wife Yizhen has decided to file for citizenship, she went to CASL in chinatown Chicago. They helped her to fill out the N-400. My wife thought it would be easier, but she was wrong. They made a big mistake on the very first page, they checked the wrong box for eligibility. They checked box 1, instead of box 2, and we got a rejection notice. Also, they sent copies of our last 3 years of tax forms with w-2's. I have 2 questions,

1. do I just replace the first page, with the correct box checked, or do I send the corrected page on top with a letter of explanation?

2. I have a copy of the tax transcripts, should I use those instead of the copies of my e-filings? and if so do I need to note that somewhere?

Thanks for your help, Mike & Yizhen

[dnoblett]

When my wife filed, I attached the recent 3 years of tax transcripts to show filed joint returns for the 3 years prior to her filing the N-400

 

I would fill out a new N-400 Checking box B and attach.

[Randy W]

Just a friendly suggestion (I'm not sure if it would actually carry any weight), but add some evidence, and/or change the overall presentation a little bit. This is a new application - make it look like one.

 

Whether tax transcripts or copies of the returns shouldn't make any difference - your choice.

[dnoblett]

In my wife's case we strictly followed the document check list. http://www.uscis.gov/files/article/attachments.pdf

 

We included:

• Photocopy of Green-card (Both sides)
• 2 Passport Photos
• FEE
• Name change document (Marriage Cert)
• Evidence of my US citizenship longer than 3 years (BIO Page from US passport)
• Marriage Cert
• We were never married before so no divorce certs
• Document referring to us both (past 3 years Tax Transcripts)
• My wife and I did travel abroad more times than lines on the N-400 so we attached a sheet to list the additional trips, abroad trips were simple day trips over to Canada a few times since she came to the states, and she traveled to China once.

N-400 is not about proof of relationship, it is about meeting the requirements of citizenship, thus the attached evidence needs to just satisfy this.

[Randy W]

I was thinking that they need to show evidence of having lived together for the three years - is that only from the Removal of Conditions?

 

Even so, I would still recommend that they treat this as a separate application - i.e., NOT include the letter of explanation.

[dnoblett]

I was thinking that they need to show evidence of having lived together for the three years - is that only from the Removal of Conditions?

 

Even so, I would still recommend that they treat this as a separate application - i.e., NOT include the letter of explanation.

Evidence of a bonafide relationship is for removal of conditions, for naturalization all that is needed to show that joint returns were filed every year of residence.

[warpedbored]

Some evidence of bonafide is required. You must still be married to the same US Citizen for the three year option.

[mikepellicore]

I am sorry, I should have explained a little better, the N-400 was rejected, and the complete N-400 application was returned, because we checked the wrong box. I must send the green cover letter, and a copy of the rejection notice when we re-apply. Do I remove the original first page with the wrong box checked? or do I just add the corrected page with the letter of explanation? I am thinking that the letter is necesary either way? Everything else seems to be included/correct. All the original info supports the fact that we lived together for more than 3 years since she received her 10 year green card(6/8/09). The rejection states that we should refile when she gets to 90 days before 5 years which is the box she checked. I am thinking that since we are refiling after the rejection, that we should Have a letter of explanation and the new page with the correct box checked.

Do I remove the page with the wrong box checked?

thanks, Mike & Yizhen

 

also, since I now have the transcripts, would it be OK to make the substitution?

Edited June 4, 2013 by mikepellicore (see edit history)

[Randy W]

I am sorry, I should have explained a little better, the N-400 was rejected, and the complete N-400 application was returned, because we checked the wrong box. I must send the green cover letter, and a copy of the rejection notice when we re-apply. Do I remove the original first page with the wrong box checked? or do I just add the corrected page with the letter of explanation? I am thinking that the letter is necesary either way? Everything else seems to be included/correct. All the original info supports the fact that we lived together for more than 3 years since she received her 10 year green card(6/8/09). The rejection states that we should refile when she gets to 90 days before 5 years which is the box she checked. I am thinking that since we are refiling after the rejection, that we should Have a letter of explanation and the new page with the correct box checked.

Do I remove the page with the wrong box checked?

thanks, Mike & Yizhen

 

also, since I now have the transcripts, would it be OK to make the substitution?

 

NOW I'm confused - is this what the rejection letter tells you? What about the fee - was it returned also?

 

My thinking is STILL that you are NOT re-filing the same case, but filing an entirely new case, with no connection between the two. That re-filing the way you describe is simply a potential can of worms.

 

It seems to me that they would have nothing on file regarding her case at this point, unless I'm misunderstanding something.

[Randy W]

. . .

 

also, since I now have the transcripts, would it be OK to make the substitution?

 

Yes, either transcripts, or the tax returns are fine.

[dnoblett]

Yes did they return the FEE? If so I would refile a new application as Randy suggests, if they kept and cashed the FEE, I would prepare a corrected N-400 with letter explaining the wrong basis checked on the form.

[Randy W]

Yes did they return the FEE? If so I would refile a new application as Randy suggests, if they kept and cashed the FEE, I would prepare a corrected N-400 with letter explaining the wrong basis checked on the form.

 

I agree

[dnoblett]

Some evidence of bonafide is required. You must still be married to the same US Citizen for the three year option.

That's covered by the 3 years tax transcripts showing both names and joint filing, and marriage certificate + English translation.

[mikepellicore]

Yes they sent the fees back, they also sent a green letter and the I 797C rejection notice. The green letter says to place the letter on top of the package when you resubmit your corrected package to receive special attention when it is reprocessed. The only correction we need to make is reprinting the first page with the correct box checked. I would like to replace the tax forms with the transcripts to have a better form of evidence. thanks, Mike & Yizhen

[Randy W]

Yes they sent the fees back, they also sent a green letter and the I 797C rejection notice. The green letter says to place the letter on top of the package when you resubmit your corrected package to receive special attention when it is reprocessed. The only correction we need to make is reprinting the first page with the correct box checked. I would like to replace the tax forms with the transcripts to have a better form of evidence. thanks, Mike & Yizhen

 

Just a guess here, but my feeling is that the green letter won't do anything for you, except possibly to confuse the issue.

 

I think you're better off with a clean slate in the correct slot.

 

See what others think.