QUESTION

I applied for n400 through 3 years marriage rule.is the rfe normal and not having a joint account is an issue?

Asked on Sep 27th, 2022 on Immigration - Texas
More details to this question:
I applied for n400 3 years marriage rule. I went to the interview and the officer said congrats everything looks good but I cannot approve at this time because I am under supervision. My supervisor will approve it. Today I got my RFE asking this Submit proof that you have been married and living in marital union with your spouse for the three (3) years prior to filing your N-400. Evidence may include, but is not limited to the following: State and federal income tax disclosures, including Form W-2, Wage and Tax Statements, for you and your spouse; Leases and/or mortgages; Bills or receipts showing the names and addresses of both you and your spouse; A current letter from your employer and your spouse’s employer, reflecting position(s) occupied, date(s) employment commenced, claimed marital status, designated health and life insurance beneficiary I have everything except joint bank account. My wife doesn’t even have a bank account she uses my cards.
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1 ANSWER

Immigration and Nationality Law Attorney serving New York, NY
3 Awards
Applying under the three year rule has a higher burden of proof than under the five-year rule. For three year citizenship, you must prove that you have been a green card holder for three years (can apply 90 days in advance of the three years); have been married to a US citizen in marital union constantly without separation for three years; and that the US citizen has been a US citizen for the three years. It is common for naturalization examiners to request proof of joint documentation to show that the couple has lived together constantly. USCIS has given you examples of what it will accept. In our practice, we request clients to have at least three pieces of joint evidence for every year in the three years to prove constant living together. From your fact situation, it appears that you have enough evidence to prove that you and your wife have been constantly living together. A joint bank account is only one example of proof that USCIS can accept. Due to the limitations of the Lawyers.com Forums, Alan Lee & Arthur Lee, Esqs.’ (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.
Answered on Oct 19th, 2022 at 8:17 AM

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