ForumTitleContentMemberSexCountryDate/Time
IR-1 / CR-1 Spouse Visa Process & ProceduresFiling taxes joint or not

Hello

Filling out the affidavit of support forms this weekend but ran into a problem.

I was wondering if we need to fill out the last 3 years of tax returns as joint OR if my wife (the USC) just does them as married filing seperatly?
I had a greencard but 'abandoned it' at the end of 2008 so do I even need to file for foreign earned income if I am no longer a US resident?

Thank you for your help.


So long as you remain legally married she needs to file either as joint or married filing separately, in which case both of your income should be reported.

If you already divorced she no longer needs to include you in her returns.
JohnR!MaleMonaco2012-06-27 06:59:00
IR-1 / CR-1 Spouse Visa Process & Proceduresds-230
List the different schools she attended, i.e. Elementary, MIddle & High as you would had she attended school in the US. If she attended the same school, list each course separately.

Good luck!
JohnR!MaleMonaco2012-06-27 08:09:00
US Citizenship General DiscussionVOTER REGISTRATION MISTAKE

I entered the US with a Tourist Visa and overstayed until 2010 when i finnally received a Green Card through Marriage.

during my illegal time, i renewed my driver's license twice, and the last time in 2005, i accidentally registered to vote.

Now, im getting ready to apply to my citizenship, and i read a story on Change.org about a woman that did the same, and she is now in deportation status.

I registered to vote, however, i never voted. Im woundering if i should reconsider this and not apply to become a citizen and just stay here with a Green Card.

If anyone know anything to this topic, let me know.

thanks


That you never voted does not make the offense any less severe. It is not the act of voting that creates the issue so much as the fact you misrepresented yourself when you registered to vote.

Before the law, you have not 'accidentally' registered. It was deliberate, regardless of how it happened, even if you mean you did not read what you signed. Still, you signed it.

There is no requirement or presumption by the law that LPRs become citizen, which means you can keep your residence in the US as a LPR for as long as you are compliant with the conditions. Citizenship is a privilege, not a right.

If you want to seek naturalization, IMHO consider speaking to an immigration lawyer so that you can be counseled on your particular situation.

I wish you success & good luck!
JohnR!MaleMonaco2013-03-20 10:08:00
US Citizenship General DiscussionI'm a USC at last!!!
Congrats and enjoy your high!!!!

Life's good!
JohnR!MaleMonaco2013-03-25 14:26:00
US Citizenship General DiscussionMarital Status, Citizenship and Taxes

Thanks, How do i do that ? Call IRS?



You can do it yourself. Below is a link to the IRS site where you can download your 1040X and instructions.

http://www.irs.gov/u...come-Tax-Return
JohnR!MaleMonaco2013-04-17 15:14:00
US Citizenship General DiscussionMarital Status, Citizenship and Taxes

I Filed as single because my wife is not in US yet. She is Away and Never been here, i petitioned for her and its in Process. Do i have to apply as married if she is not here and never worked here. Im trying appy for N-400 in 5 years basis. Hope it makes more clear of what i wanted to know.



You need to amend your taxes from 'single' to 'married filing separately' beginning with the year in which yo got married, e.g. if you got married in 2011 you need to amend the taxes for 2011 (filed in 2012) and 2012 (filed this year).

In your naturalization application you must enter your correct status, which is 'married'.

Good luck!
JohnR!MaleMonaco2013-04-17 15:09:00
US Citizenship General DiscussionFailed at INTERVIEW

Thank you for reading my post, any suggestions are appreciated!


Tell your fried to learn English before he applies again. That is all he can do, and it ain't a bad idea either.
JohnR!MaleMonaco2013-04-24 13:26:00
US Citizenship General Discussiontraveling with expired green card, N400 processing

Looks like a great forum with a mine of info. I was hoping you guys could weigh in on this. I've been a permanent resident for 13 years. I have to travel to Australia in late June 2013. My green card is expired since July 2012 and I applied for naturalization in January 2013. I went for biometrics last month. It doesn't look like I'll be naturalized before going to Australia.

Question: Will I be allowed back into the US with an expired green card (expired since July 2012!) and N400 that is still processing? What are my options if not? i-551 stamp?..

 

Also of importance, Homeland Security let me in last year (July 2012) as I was traveling from France to the US with my just-expired green card. They were nice about it. The officer at the airport let me in and suggested I apply for N400. Important: They may have extended my status for a year back then, at the port of entrance. I don't know. But my guess is they may have since they didn't ask me to renew my green card (which was expired for 7 months) before applying for naturalization in January 2013.

 

Your thoughts?.. Thank you so much.

 

You will need to renew your greencard or wait until you are a citizen to travel.  You can't travel on an expired GC.  You'll need evidence you have applied for a new one.

 

Check out the link below:

 

https://help.cbp.gov...C9FNlBud3dwbA==

 

If the I-551 is lost or expires during a trip out of the U.S., you will have to obtain a new one upon re-entry - and this can take quite a while - so plan accordingly. This process entails filling out a form I-90, Application to Replace Permanent Resident and paying the $365 base fee and biometric fee of $85.  Please be aware that if your travel plans include air travel, many airlines will not board passengers with an expired green card - unless they have a Notice of Action (Form I-797) verifying that they have applied to replace it - in addition to the expired card, and - depending on where you are going, an unexpired passport.

 


Edited by Gegel, 06 May 2013 - 11:52 AM.

JohnR!MaleMonaco2013-05-06 11:51:00
US Citizenship General DiscussionOath Ceremony Dilemma!

Hello everybody,

                            I got approved for citizenship on April 15,2013. My Oath ceremony is scheduled for May 31st,2013. I would like to visit Indiakicking.gifdancin5hr.gif  (country of birth) in the second week of June,2013 and return first week of August,2013. Is it possible to reschedule the ceremony for August or September?unsure.png  Because I know If I take the oath I will have to surrender my green card to the immigration and will have to apply for US passport(normal processing time is 45 days). In addition I will have to apply for PIO/OCI card(normal processing time is about 60 days). Do you think USCIS will reschedule it for such a long duration of time?What do you think?idea9dv.gif

 

Yes, you can reschedule your ceremony without any issues.  The letter you received should include instructions to that effect.

 

Good luck!


JohnR!MaleMonaco2013-05-06 09:20:00
US Citizenship General DiscussionHow long to get US Citizenship?

Hi all!  I have received my 10 year green card, and realized that I am able to apply for my citizenship as I am coming up to 3 years being in the states and married to a US Citizen.  I have decided that I would like to apply to become a US citizen, but am under the understanding that the process can take a long time.  Do you have timelines as to how long it took to get your citizenship? (from the time you applied to the time you received your American passport?)  My husband and I actually wanted to go on a year long trip abroad from September, but we figure if my 3 year anniversary in the US is coming up in July, we may as well delay our trip so that I can obtain citizenship before venturing abroad.  Anyone have any timelines? I was hoping it would only take 3-6 months but I have read on other sites that people are saying up to 2 years which would be too long!  I would be filing from Vermont.

 

Thanks!

 

 

 

The citizenship process shoudl take approximately 9-12 months if everything goes smootly.  You will not get your citizenship by September.  IMHO, keep the trip and apply based on the 5-year rule after you get back stateside.

 

Good luck!


JohnR!MaleMonaco2013-05-13 09:00:00
US Citizenship General Discussionjuror Subpoena failure to respond: pls advice

 

this is inhuman!!!  she has been working here and paid taxes for a decade.  does she deserves to be deported because of a jury duty mistake?

 

dont make me scream!   

 

what can i do to help her?

 

 

If you want to help her I would recommend a lawyer.  She is not subject to deportation on a jury duty mistake, so much as on her overstaying for almost a decade.


JohnR!MaleMonaco2013-05-14 13:05:00
US Citizenship General Discussionjuror Subpoena failure to respond: pls advice

Hi,

 

 

My girlfriend has a visa expired for about 7 years; she come here with working visa as caregiver and overstayed.

 

She ignored twice a letter from jury to appear in jury. She listened to the worng advice and ignored two letters.

:

Now she received a letter from Queens Ny Court "juror subpoena failure to respond"; the letter has instructions to

 

appear in Court and has questions on it such has:

 

- are you a US citizen?

- do you have a visa/green card?

 

now she is concerened what happens if she goes to court: will she be asked her immigration status?

 

I really appreciate your help and advice.

 

She will be asked her immigration status, and she can tell them that she does not qualify for jury duty for she is not a US citizen.  She may be questioned about her status as well, although civil courts have no jurisdictin over immigration.   Hopefully she lives in a state that understands how the US Constitution works,  and not in Arizona...


Edited by Gegel, 13 May 2013 - 11:02 AM.

JohnR!MaleMonaco2013-05-13 11:00:00
US Citizenship General DiscussionWhat passport to use?

Hey! Im a passport holder of philippines and the US. They are both current. What should I use during travel to the philippines? Thanks! biggrin.png

 

You must travel with both.


JohnR!MaleMonaco2013-05-30 07:41:00
US Citizenship General Discussiondefinition of residence for transmission requirements

I think you're wrong. There is no minimum time if both parents are US citizens. The 5 year rule is if only 1 parent is a US citizen.

 

You are correct.  I missed the part in your post where both parents are US citizens.  Sorry!


JohnR!MaleMonaco2013-06-03 11:00:00
US Citizenship General Discussiondefinition of residence for transmission requirements

Question is as follows:

 

Child born overseas to two US citizen parents. Neither parent had a prior residence in the US, but one spent 2 years studying in the US.

 

Is studying in the US considered "maintaining a residence"?

 

Page 35-38 of http://www.state.gov...ation/86757.pdf is the closest I found to an answer, but doesn't clarify completely the situation.

 

Thanks

 

 

 

If one of the parents only lived in the US for two years, the child does not get automatic citizenship.

 

Here is the answer:

 

http://www.uscis.gov...000b92ca60aRCRD

 

 


JohnR!MaleMonaco2013-06-03 10:46:00
US Citizenship General DiscussionUghh... complicated situation :( I need your wisdom!

 

Thanks for your suggestion. Given I am a student, I prefer the ways that won't cause me monetary challenges. Would be there any cheaper alternative? I was thinking about flat-out admitting the fact that I messed up, learned the lesson and got the insurance immediately. Since there wasn't bodily harm, I think that there won't be any charges, wouldn't it be?

 

I don't believe there is a cheaper alternative.  By your own admission, you are guilty, and as a result, if you plead so in court you may be made to pay the appropriate fine.  A lawyer will end up costing more than the fine itself and will not be able to get you free from the charges.

 

You will need to disclose this incident during your citizenship interview but as long as you are compliant with the law, making your appearances in court and taking responsibility for the accident, you should be fine.  One a more positive note still, you will not be deported for this offense.

 

Good luck!


JohnR!MaleMonaco2013-05-31 10:45:00
US Citizenship General DiscussionUSC Working in México City

Hello all,

On September 2012 I became a US citizen, and ever since I've been living in the US. I wonder what would be the requirements if I were to have a child born in Mexico City in order for him or her to become a US citizen? Thanks for the much appreciated help.

 

Here is a good read:

 

http://www.uscis.gov...000b92ca60aRCRD

 

Good luck!


JohnR!MaleMonaco2013-06-03 11:42:00
US Citizenship General DiscussionTwo identical color photos and one impossible hair cut...

Thanks.  Oh boy!  Decisions, decision.  sad.png

 

On a positive note, he will never use his naturalization certificate except for the application for his first US passport, so the photo on the certificate will never be 'seen in public'.


JohnR!MaleMonaco2013-06-04 12:02:00
US Citizenship General DiscussionTwo identical color photos and one impossible hair cut...

The photos for the naturalization process are US passport-style.  They will not take new one during biometrics, so those you submit will be used on the naturalization certificate.


JohnR!MaleMonaco2013-06-04 11:49:00
US Citizenship General DiscussionPassport Delimma

 

I won't be able to take the time off to apply there. I work in brooklyn and it takes a while to get there. Plus it is closed when I get off work.

 

IMHO consider going from straight to the passport agency from the ceremony and be done with it.

 

On another subject, check with your HR manager if you actually need to take time off for the ceremony.  Some companies will allow you to take the time for these events without clocking them as 'time off'.

 

On a more important note: Congratulations!


JohnR!MaleMonaco2013-06-05 11:51:00
US Citizenship General DiscussionRescheduling a Citizenship Interview Do To Child's Medical Issue?

We've filed the N-400 for my wife (Canadian) to get US citizenship. Heard nothing back, but we're concerned about a possible conflict.  Our oldest might need some dental surgery done to correct a couple of problems [possible extraction(s) on an upper wisdom tooth (teeth)] and we're worried about if it he does need surgery and it falls on the same date are her interview can we contact or field office and reschedule or how do we go about even dong something like that?

 

You can reschedule your interview without prejudice, if that should come to pass.  Take care of your child first.  Your confirmation letter will contain information as to how you should go about if you should need to change your appointment.


Edited by Gegel, 29 July 2013 - 02:50 PM.

JohnR!MaleMonaco2013-07-29 14:44:00
US Citizenship General DiscussionA real mess for citizenship, married before divorce not final

Maria will need a lawyer and she should put her plans for citizenship on hold until she can afford a good one.  This refusal to her application is now on her file and will surface if/when she applies again.   However, before she can do so she needs to sort out her LPR situation, which is not regular at this point.  Once her residence is straightened out with the USCIS she will be able to consider citizenship.


Edited by Gegel, 26 July 2013 - 11:46 AM.

JohnR!MaleMonaco2013-07-26 11:44:00
US Citizenship General Discussionlast 5 years outside of US

Thank you!

 

Anytime!


JohnR!MaleMonaco2013-08-14 14:54:00
US Citizenship General Discussionlast 5 years outside of US

I looked over N400 form. Everywhere, including time outside of US, it asks for the last 5 years of information (i.e. employment and especially number of days outside of US). My wife will be applying for Citizenship based on 3 year marriage to me (USC). Thus, while last 3 years she was in US (with an exception of joint vacations), 2 years before she was residing in her homecountry. Should I provide number of days outside of US within last 3 years or include 2 years prior to those 3 years?

 

She only needs to go as far back as the date on which she became a US resident; not all five years.


Edited by Gegel, 14 August 2013 - 02:27 PM.

JohnR!MaleMonaco2013-08-14 14:26:00
US Citizenship General DiscussionLet me ask you something about the 100 questions

If you are asked that question, any one of the answers will be considered correct.   Chances are that by the time you sit for your test you will be better versed on American history and government than the rest of us.

 

Good luck with the test and congratulations on the impending naturalization!


JohnR!MaleMonaco2013-08-14 15:49:00
US Citizenship General DiscussionCan I change my last name to a celebrity ?

Being serious for a fleeting moment:  Whatever last name you choose, be SURE that it's something that you won't have to SPELL over and over and over to people.  You'll save a lot of time and energy over future years.

 

 

good.gif  good.gif  good.gif  good.gif

Quite possibly the best advice given on this thread...   If you must spell it every time you are introduced to someone, you picked wrong.


JohnR!MaleMonaco2013-08-14 07:30:00
US Citizenship General DiscussionCan I change my last name to a celebrity ?

Orlando Suave

 

Orland O'Lakes...


JohnR!MaleMonaco2013-08-13 09:45:00
US Citizenship General DiscussionCan I change my last name to a celebrity ?

Let's assume that I choose to change my name on the application for citizenship

 

My current name is Orlando, but I have a hispanic last name

 

Let's say change my last name to Bloom, then I would be Orlando Bloom like the actor

 

is this legal?

 

Not only is it legal, is it perfectly normal.


JohnR!MaleMonaco2013-08-12 13:40:00
US Citizenship General DiscussionWhat is a typical / normal naturalization interview like?

The only thing she should need to know are the questions about history and government.  The rest of the interview is nothing but a long conversation with the interviewing officer.  Nothing over which to lose sleep.  She will be fine.  Most foreigners know more about American history than we do ourselves.


JohnR!MaleMonaco2013-09-03 13:26:00
US Citizenship General DiscussionDecision can not be made yet N-400

As a rule of thumb, things move in 90-day steps with the USCIS.    You should expect to hear from them withing 90 days...

 

Helps a lot, right?


JohnR!MaleMonaco2013-09-06 15:09:00
US Citizenship General DiscussionCan somebody help me with a N-400 question please?

How long have you been a legal permanent resident in the US?

 

There are two ways you can qualify for citizenship:  either by residing in the US as a LPR for 5 years -or- if you are married to and living with a US citizen you can apply after 3 years.

 

If you fit both - i.e. married to and living with a US citizen for over 5 years - then check 'A', so that you can apply on your own recognizance.

 

 


Edited by Gegel, 23 September 2013 - 01:44 PM.

JohnR!MaleMonaco2013-09-23 13:42:00
US Citizenship General DiscussionBecoming US Citizens?

There are dispensations from the language requirement based on age of the applicant.   If she does not qualify she can remain a LPR until such time when she learns enough to pass the test.   You can hire a lawyer but you would be wasting money.

 

Check the link t 'A guide to naturalization' in the USCIS page:  http://www.uscis.gov...000b92ca60aRCRD

 

Congrats and good luck!


Edited by Gegel, 02 October 2013 - 10:58 AM.

JohnR!MaleMonaco2013-10-02 10:55:00
US Citizenship General DiscussionContinuous Residency Requirements for USA citizen application

You can check the requirements in the USCIS webpage:

 

http://www.uscis.gov...l-Volume12.html

 

Good luck!


JohnR!MaleMonaco2013-10-22 10:07:00
US Citizenship General Discussioncitizenship after permanent residence

Here is a link to the USCIS where you can get the details on how to acquire US citizenship through naturalization.

 

http://www.uscis.gov/portal/site/uscis

 

Good luck!!


JohnR!MaleMonaco2013-06-19 13:20:00
US Citizenship General DiscussionPassed Immigration test recieved no oath letter and status not updated
You should get a letter within 90 days indicating the time and place for the oath ceremony. Just sit tight. There is no need to worry.

Good luck and congrats!


JohnR!MaleMonaco2013-12-02 09:28:00
US Citizenship General DiscussionN400 help - did not do taxes yet and divorce timeline

Hello,

 

I would like to file for my citizenship before my gc expires at the end of 2014 and was wondering if someone knowledgable could help me with my question based on the information below.

 

About 9 years ago I was given a 10 year unconditional gc based on marriage but due to circumstances we seperated and later divorced about 2 years 3 months later. I have been unemployed for the past 2 years and did not do my taxes as well.

 

My question is, can I do my past taxes right now or get on some sort of payment plan with the IRS and use that as proof of payment or payments being made? Will that be an issue?

 

Also since we divorced 2 years 3 months later, will that be an issue too?

Thanks!

 

 

Your divorce is not an issue, provided you are applying based on the 5-year rule.

 

In regards to taxes, all you need do is file your back taxes and get them straightened out, i.e. if you owe taxes work out a payment plan, etc.  The IRS will work with you.

 

Other than that, you need to comply with the requirements - presence, etc - set forth by the USCIS.

 

Here is a link with more details:  http://www.uscis.gov...-naturalization

 

Good luck!
 


JohnR!MaleMonaco2013-12-26 10:52:00
US Citizenship General DiscussionTax return docuemtn----just Federal tax or with state tax

Joint utility bills?! I need to dig some out.

My hubby and I didn't file the taxes jointly.

Hopefully it is OK

 

 

That is not a problem provided both of you file as 'married filing separately'.


JohnR!MaleMonaco2014-01-03 11:47:00
US Citizenship General DiscussionIs the oath ceremony required?

 
My husband is not a flag-waver in his own country.  Although he does water up at any particularly good rendition of "Land of Hope and Glory".  :P
 
But thanks for the nice post. 
 




I hear you. My wife has some interesting observations in regards to mob manifestation of patriotism... :-)

JohnR!MaleMonaco2014-01-01 14:19:00
US Citizenship General DiscussionIs the oath ceremony required?

 
Because it's rather sentimental muck.  Much like a high school graduation.

 
Exactly.
 
I just looked at the Guide to Natz on USCIS and it looks like you can request a same day oath on the day of your interview. 






The answer to your initial question is 'yes', the oath ceremony is mandatory in the sense one must be sworn in, to become a US citizen. Public or private, the oath is a requirement.

If your husband does not want to do the flag waving and all he can simply attend the ceremony, recite the oath and be done with it.

Having said that, citizenship is not a requirement nor is it mandatory and one of its conditions is that the applicant do so of his/her own volition, so chances are your husband may be looking forward to the flag waving experience and all the accoutrements.

Good luck and congratulations to him!







JohnR!MaleMonaco2014-01-01 13:53:00
US Citizenship General DiscussionOut of the U.S. for 6 months+?

No, you don't need a lawyer. 

 

The naturalization requirements are not based on one single rule.  Take a look at the link below where you can find the residence requirements.

 

http://www.uscis.gov...ses-us-citizens

 

Bear in mind that even if he were unable to apply for citizenship based on the 3year/marriage rule, he would be able to do so under the 5year/residence rule.

 

Good luck!

 

 


Edited by Gegel, 23 January 2014 - 02:13 PM.

JohnR!MaleMonaco2014-01-23 14:08:00