nateusa

Will answering no to questions 37 and 38 affect your application?

That is this under H:


37. If the law requires, it are you willing to bear arms on behalf of the United States?

38. If the law requires, are you willing to perform noncombatant services in the U.S. Armed Forces?

Duncan Roberts

Answering yes or no to any question will affect your application. If you want to say no to those two specifically, maybe you should take a step back and evaluate if you really want to become a citizen or if you would ultimately be happier staying on a greencard.

md95065

If you answer "no" to both of them then, yes, it probably will have an adverse affect on your application. If you feel the need to answer "no" then you should probably consult with an experienced immigration attorney to determine the potential consequences of doing so.

md95065

Probably worth pointing out that even green card holders are expected to perform military service "if the law requires" ...

Noorah101

Most likely, yes.

Rene

Michael

I don't believe that the government allows you to pick and choose which laws you want to follow. If you don't want to follow those laws, then you probably shouldn't become a citizen.

RICH

http://www.uscis.gov/files/article/attachments.pdf


Page 6 item 13. You are not eligible if you say no to both. Even if you say yes to both, you are only "probably" eligible.

nateusa

I didn't know it was a law to bear arms and kill people for your country.

What if you don't believe in war?

I guess that does not matter.

Secondly the n400 form asks for three years of tax returns.

We only have two as the third year's refund has not come back to us yet.

Is this suffice?


Cheers everyone for your response.

md95065

The question asks "if the law requires" - if you want to preemptively declare your intention to disregard such a law then that is fine - but the US, like every other sovereign nation gets to make their own rules about who can become a citizen - take it or leave it.

For what it is worth, as I mentioned earlier, green card holders are already liable to be drafted into the military "if the law requires" so from a practical perspective naturalization doesn't change this - it is an obligation that permanent residents already have - the only difference is that the N-400 explicitly asks the question.

nateusa

can you backdate your n400 form?

as Rene mentioned before you can apply three months before your third year anniversary.

also what happens if you have only two years of tax forms from the IRS instead of the three required?

md95065

I don't understand what the status of your tax refund has to with it.

Have you filed your 2011 return yet or did you apply for an extension?

If you have filed the return then just provide a copy of it.

ian-mstm

The question doesn't ask about tax refunds. It asks about tax returns. Here's a hint: if you are expecting a refund, then you filed a return. If, at this point in time, you don't know the difference between these two things, perhaps you should reconsider applying for citizenship.

Ian

RICH

Dude is the USC - his wife is the Brit - give him a break. I can't find a facepalm smiley

Noorah101

Why would you want to backdate the N-400? You should put the date you sign the form. I can't see any advantage to backdating the signature on the form. It won't do anything for you.

No, not 3 months. 90 days.

Then you supply only 2 years of tax returns, and an explanation of why you were not required to file the 3rd year. As far as I know, the only reason a PR is not required to file a tax return is if they did not earn the minimum required amount of income according to IRS.

From what you've written, it sounds like you think you don't need to include the 2011 tax return because you haven't received the refund yet? That's irrelevent. If you filed a 2011 return, you need to include a copy of it.

Rene

ian-mstm

Wow... I can't believe I missed that! His elegant use of the language threw me off! Sorry... my bad!


Ian