Immigration - Frequently Asked Questions

Frequently Asked Questions On Immigration

Proof for Naturalization Based on Marriage

Q. I am trying to qualify for my citizenship based on my marriage t a US citizen. Two months after I passed the interview, the INS asked me for documents providing that I was still with my wife. The INS wanted joint tax returns, joint bank account statements, utility bills, insurance policies and credit card statements. I submitted all these and our child's birth certificate. However, the INS still denied my naturalization, saying that I hadn't proved my relationship with my wife. I have filed INS form N-336, Request for Hearing in Naturalization Proceedings, to challenge the INS decision. What more can I do to prove I am still married and living with my wife?

A. Something is strange about your story. you seem to have sufficient documentation to prove your relationship with your wife. make sure you meet the test under the "three-year rule". To qualify, you must have been married to and living with your wife of three years AFTER you got your residence. If you meet that test, it's possible that the INS erred in denying your application.

Still I rarely recommend that naturalization applicants pursue a Request for Hearing. It makes sense only when the applicant disagrees with the INS about a legal issue. Where the problem is simply a need for more documentation, I recommend that the applicant file a new application. That's because you'll likely get a decision sooner that way. Once you have five years of permanent residence, you qualify for naturalization regardless of whether you are still living with your wife. If you'll reach the five years soon, you may want to wait to qualify under that rule.

(By Alan Wernick)

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