ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionGreen Card/AOS or N-600?

The link you provided says that "Legitimation for INA benefits requires that the child be in legal custody of the legitimating parent(s) at the time of legitimation." At the time paternity was acknowledged, my son was in my custody by operation of Ohio law wherein unmarried females have custody by default from the time of birth until a court rules otherwise. We did not do any thing legal about custody until after paternity was established.

C


My mistake. I thought you were divorced and I see how that changes the picture.
JohnR!MaleMonaco2012-08-29 12:47:00
US Citizenship General DiscussionGreen Card/AOS or N-600?

I am on good terms with his father, but the more research I do, the more it seems that I cannot file for citizenship as is his birthright because I'm the one with custody, not his father. I would prefer to go this route, as, like you said, my son is entitled to this! But, the custody thing is what throws me off.

Thanks..
C


Your son was born abroad, so he could derive citizenship through his father, under 5B, in the first page of the instructiions: http://www.uscis.gov.../n-600instr.pdf
JohnR!MaleMonaco2012-08-29 12:06:00
US Citizenship General DiscussionGreen Card/AOS or N-600?

Hello...

I am a Canadian citizen presently living in the US under a TN-Visa. My minor son was born in Canada and lives with me under a TD-Visa. His father is a U.S. citizen and paternity has been established in Ohio, but I have always had custody of him. I am getting married to a U.S. citizen in October and plan to apply for an AOS to get a green card/employment authorization.

I'm confused as to whether I should apply for an AOS for my son or whether it is more appropriate for me to submit the N-600 form. I'm confused about whether he would be approved using the N-600 form because I'm a non-citizen/non-permanent resident and I'm the one who has custody.

Any advice is greatly appreciated!

BTW...I'm an attorney and I have been researching immigration questions as they relate to my own situation and this stuff is soo complex, I'm amazed that anyone can get through this!!

Thanks...
C



I can answer 1/2 of your question. If you are in good terms with the father, you should consider the N-600, for your son's American citizenship is his birthright, whereas with AOS he would end up as a LPR first and then as a citizen if he were to become naturalized. As his birthright, his derived citizenship is not affected by your custody.
JohnR!MaleMonaco2012-08-29 11:55:00
US Citizenship General DiscussionComplicated situation - Gurus please help !!

1/So Since Novemeber 2010 we are living and working full time in the UK but I am keeping my residence in NY and I visit America every 5 months and 3 weeks to keep my green card up and running.

2/Now we both are planing to go back to the US and get my citizenship done so we can travel and live any where we like freely. I beleive I can apply for
Naturalization after 3 years of my GC and I also need to be physically present for 18 months so If I start living in America from April 2013 - I will be eligible to apply in October 2014?

3/Am i correct there?

4/Me and my wife filed the joint tax return in 2010 - In 2011 my accountant told me not to file because we both did not earned any thing ( As we both are living and working in the UK) The accountant also said that I dont have to declare my foreign income unless it is more than 80 thousand US Dollars, So we did not file in 2011.


1/By your own admission you are living and working in the UK full time. By coming to the US just short of a six-month absence is only helping you go undetected by immigration, it is not keeping you residence.

2/In order to apply for citizenship by marriage, you need to be living in the US for three-years while married; time spent abroad does not count. During these three years you must have been present in the US for 18+ months. So, in order for you to qualify you and your wife will have to spend at least three years of physical presence in the US beofre you can apply. Check out this link: http://www.uscis.gov...le/chapter4.pdf

3/No. Sorry.

4/This is the most pressing of all your circumstances. By not filing taxes in the US you are considered to have lost your residence privilege. Check out this link: http://www.uscis.gov...000082ca60aRCRD

As it stands right now you are not a resident of the US, before the law, your greencard notwithstanding. If you plan to become a US citizen, I would recommend you become a full-time resident first, correct your tax situation and complete the residence requirement.

On a separate note, if your life and your home are in the UK, wouldn't it make more sense for you to apply for British citizenship, thus being able to travel and live anywhere you please, just as easily?

Good luck, whatever your decision.

Edited by Gegel, 27 August 2012 - 08:45 AM.

JohnR!MaleMonaco2012-08-27 08:44:00
US Citizenship General DiscussionHow long for fiance to get US citizenship?

I have learned so much from you guys, thanks! I know that it might take 6 months for your fiance to come to USA after you first file the I-129F application.
My question is now, how long does it take after that for your spouse to become a US citizen? After getting approved for the I-129F, does the spouse have to stay in the USA the entire time in order to become a US citizen? Where can I find the instructions that explain all of this?

Thank you!


She will have to comply with certain requirements in order to qualify for citizenship.
Check out this link:
http://www.uscis.gov...000b92ca60aRCRD
Good luck!


JohnR!MaleMonaco2012-09-11 17:15:00
US Citizenship General DiscussionQuestion on continuing residency

I am about to file N-400. But I am not sure whether I am eligible for applying naturalization at this moment.

I have lived one state about three years since I arrived in US, but I was out of States for more than 150 days recently.
I know it's shorter than 180days, so 180days condition is fine, however, am not sure about 3 months condition.

It's been 3days since I was back to US. My address in US was not changed for a year (apartment lease contract, tax return file could be evidence on residency)
Do I need to wait three months to apply N400? or I can file N400 right now?

I'd appreciate for your help.


You are ok with the 3-month condition because you have been a legal resident of the state for a year - according to your statement. That you were out of your state and the country does not mean you gave up your residence.

Good luck!
JohnR!MaleMonaco2012-09-13 11:12:00
US Citizenship General DiscussionHow long i have to wait for N-400 Atlanta GA Oath Cermony????
You have been approved and you will receive communication as to when your oath ceremony will take place. You should hear from the USCIS within 90 days, on average.

Congrats!

Edited by Gegel, 28 August 2012 - 02:03 PM.

JohnR!MaleMonaco2012-08-28 14:02:00
US Citizenship General DiscussionHow many times can one reschedule the Oath ceremony?

I was reading the guidelines here on VJ about the documents and stuff, still couldn't understand whether I need to attach everything all over again. I know what I need to send, just don't know from how many years back :)


If you are applying based on marriage - 3 years - then you need to send in your tax returns for the last three years. Also depending on your situation you may need to submit certain documents.

Check out this checklist/worksheet ---> http://www.uscis.gov...attachments.pdf
JohnR!MaleMonaco2012-09-25 14:02:00
US Citizenship General DiscussionHow many times can one reschedule the Oath ceremony?

Thank you Gegel!
Yes, I know about the test and the interview :) Even in case it's somehow scheduled before the 4th of January, the ceremony must be later. So I was thinking late February or March, which is all around the due date and the first days of baby's life.
I was also considering applying later but God, I am so tired of all this USCIS stuff that can't wait to get this bag off my shoulders :)


Suggestion: Play it by ear. Send in your application and see what happens next. Fact is you can always reschedule the interview or the swearing ceremony, or both, if needed...
JohnR!MaleMonaco2012-09-25 13:39:00
US Citizenship General DiscussionHow many times can one reschedule the Oath ceremony?
Amber, before you are scheduled the oath ceremony you need to pass the naturalization test. The test is given to you during your interview with a USCIS officer.

If you are going to apply by mid-October, chances are your interview will be scheduled by late January and it might take another couple of months before you are scheduled to be sworn in.

In the event that things take longer and coincide with the arrival of your baby, you can always reschedule the interview. It is not a problem.

You can find the form and list of required documents at the USCIS site --> http://www.uscis.gov...00045f3d6a1RCRD


Congrats on both the baby and your naturalization!

Edited by Gegel, 25 September 2012 - 01:31 PM.

JohnR!MaleMonaco2012-09-25 13:30:00
US Citizenship General Discussionwhat to send with the N-400 form
Here is the checklist for naturalization: ---> http://www.uscis.gov...attachments.pdf

Good luck!
JohnR!MaleMonaco2012-09-25 15:04:00
US Citizenship General DiscussionConfusion about travels abroad

That makes perfect sense, thank you. would that apply also to other questions regarding the past 5 years (employment, residence), or do you still have to go back 5 years?


Same thing here. If you want to be thorough list all the jobs you had since becoming a LPR, which in your case is about 3.5 years.

You don't need to list anything before that because the USCIS already has everything on file from the K-1 process... In fact, when you show up for your naturalization interview, the infamous and mysterious 'package' you brought in and surrendered at the POE will be there, right in front of the IO.

Edited by Gegel, 26 September 2012 - 11:06 AM.

JohnR!MaleMonaco2012-09-26 11:06:00
US Citizenship General DiscussionConfusion about travels abroad

I was reviewing the N-400 form and I saw that they want you to list all travels abroad in the prior five years. Does it make any sense when you file based on marriage to a USC? I will file next year, at which point I will have been in the US for 3.5 years. I obviously spent the remaining 1.5 year abroad, although I am not even sure this counts as TRAVELS abroad, rather I was LIVING abroad. What did other VJ members do? Your answers are very appreciated.


If you are filing based on the 3-year rule you need to list your absences from the US during that period, instead of 5 years.
JohnR!MaleMonaco2012-09-24 11:32:00
US Citizenship General DiscussionN-400, Time Outside The USA

You're right, I should have argued my case, but as you could imagine I was very anxious and thought that maybe I did make a mistake. I was also nervous about irritating the officer, as he was quite cocky..borderline arrogant. They hold all of the power. It wasn't until after the interview that I could think about it with a clear head and realized exactly what happened. I work in the USA for a very large US company and I was in fact working in the UK office during some of the trips, but would always combine it with family visits in the UK...etc. So the travel outside the USA was a mixed bag.

Just to clarify, I live, work and reside in the USA. I don't visit the USA.

I haven't been denied, but I'm getting a bit worried as I've heard nothing since responding to the RFE. My status on the USCIS website still states that my application is on hold until they receive the evidence, or the opportunity to submit it expires. Again, it was delivered to them on August 20 per my return receipt. We thought ours was such a simple case. I guess there's no such thing.


No, there is no simple case in matters of immigration, unfortunately. However, if you live and work in the US and as a result of your work you must travel extensively, all you need do is indicate those in your list and you should be OK. If you could attach a letter from your employer confirming the dates that would be even better.

My suggestion is that you be more forward and vocal in your interactions with the USCIS. That is their job, so there is no need to spare them of your questions.
JohnR!MaleMonaco2012-09-10 14:43:00
US Citizenship General DiscussionN-400, Time Outside The USA

EXACTLY, thank you Gegel!!! I should be ok, except if I happen to get an incompetent officer interviewing me...which is what happened on August 16.

I passed all parts of the interview and then he looked at my time spent outside the USA and said that I "didn't have enough days". I've been over this very thoroughly, so I was sure that I did have the right number with a few to spare, but I didn't want to argue with the officer and cause a bigger problem. Thinking back afterwards, I know now that he must have been reading the question incorrectly as days inside the USA, instead of correctly as days outside. That explains why he said I "didn't have enough days", instead of "I had too many days outside". I mean seriously, shouldn't these guys have a simple number to go by? Over 547 days = bad, Under 547 days = good. It's that simple.

So then he proceeds to tell me that he doesn't have time to do a detailed recalculation and he'd do it later in the day and then leave me a message as to what the decision was and I would get my oath date in the mail. And just in case, he also gave me the yellow RFE envelope with instructions to make copies of my passport pages illustrating time outside the USA and then list my travel dates again. I did all of that and sent it in the same day via certified mail, so I know it was received by somebody. That was August 20...nothing since. How can something so simple turn into such a nightmare? UNBELIEVABLE!!!
Posted Image


You should have argued your case and explained to him why you believed you were eligible. Were any of the trips you took on business while working in the US? Normally you get a break from business trips.

If it doesn't happen this time, wait for the five-year mark. Hopefully until then you'll be staying longer stateside.

One other thing... If you are using your greencard to visit the US, chances are you will not be able to get your citizenship prior to five years.

Edited by Gegel, 10 September 2012 - 02:05 PM.

JohnR!MaleMonaco2012-09-10 14:04:00
US Citizenship General DiscussionN-400, Time Outside The USA

540 days would be incorrect and very incompetent since not all months have 30 days. However, it would actually help if they did calculate it that way.

So here it is, I answered Part 7 question A. as 545 days spent outside the USA. Does that make me eligible or inelegible?


so long as you don't leave the country until your interview date you should be ok...

Edited by Gegel, 10 September 2012 - 01:36 PM.

JohnR!MaleMonaco2012-09-10 13:36:00
US Citizenship General DiscussionN-400, Time Outside The USA

OK, nobody wants to play this game, so I'll answer. 18 months = 1.5 years = 547.5 days physical presence is required. So, if you answer Part 7. question A. with a number that is 546 days (to be safe) or less, you would therefore still be elegible for citizenship based on the physical presence rule.

Does anybody disagree with that?


It could also be 540 if you do the simple math of 18 months @ 30 days....

I guess that the question here is how many days have you spent outside the US in the last 3years? That is what matters for your application.
JohnR!MaleMonaco2012-09-10 13:25:00
US Citizenship General DiscussionN-400, Time Outside The USA

Thanks Gegel. I've read the USCIS instructions and they are quite clear. I guess I should clarify, I'm looking for a physical presence number response: 500 days, 600 days...etc?


It is mentioned in the last bullet point:

Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application.
JohnR!MaleMonaco2012-09-10 13:11:00
US Citizenship General DiscussionN-400, Time Outside The USA

A question for eveyone regarding Part 7, Question A. on the N-400: How many total days did you spend outside of the United States during the past three years?

I became a permanent resident on 3/12/2009. Based on three years since my green card was initiated, what is the maximum number of days allowed spent outside of the USA? I'm curious to see your answers.

I will respond and explain once I get a few answers.

Thanks in advance for the replies!


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


Naturalization for Spouses of U.S. Citizens
In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

  • Have been a permanent resident (green card holder) for at least 3 years
  • Have been living in marital union with the same U.S. citizen spouse during such time
  • Meet all other eligibility requirements under this section
In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.


General Eligibility Requirements
To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
Good luck!
JohnR!MaleMonaco2012-09-10 12:58:00
US Citizenship General DiscussionTravel outside of USA

Hi

On the naturalization application, do I need to put Hawaii (I know that Hawaii is considered part of the USA) as a country that I have traveled to outside of the USA?

How about Puerto Rico?

Thanks




You need not mention either. Hawaii - and Alaska for that matter - are as part of the US as are any other of the lower 48. While Puerto Rico is not a state it is still part of the US, and travel to/from PR is deemed domestic.


JohnR!MaleMonaco2012-11-01 14:14:00
US Citizenship General DiscussionOath ceremony letter, any one has experience?

Hi, I done my intereview at SF in the middle of Sep, Now In the online system,
It said
"On October 25, 2012, we placed your application in the oath scheduling que. We will send a notice when the ceremony is scheduled. If you move prior to the scheduled ceremony, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

so anyone has experience when the letter will come?


Hopefully, you should get something in the mail by Christmas... It would make for a nice present, wouldn't it?
JohnR!MaleMonaco2012-11-01 13:22:00
US Citizenship General Discussion1200 days outside U.S in last five years

so it means i cant apply. how do they keep record of my entry exit record? do they check it though entry exit stamps or do they have the record in their system?


Each time you leave the US, your name will be on a flight manifest. As you return, your greencard is scanned at the POE. There are records, besides, you will be required to list all your absences from the US as part of the application process.
JohnR!MaleMonaco2012-11-30 09:07:00
US Citizenship General Discussion1200 days outside U.S in last five years

Hi!! im GC holder for for than five years. i have multipe entry exit stamps on my passport during last three years but all my stays outside U.S were less than 6 months. my total days outside U.S during last five years are approximately around 1200 days. can i apply for citizenship? is uscis will accept my naturalization application N-400? Thank you



Sharry, it depends on how those absences stack up. Here is a link to the USCIS page where you can find more details on Naturalization requirements. If your absences should prove to be an issue, the only mitigation you can offer is if you can prove were out of the country for work, is the case, for instance, of airline crew.

Good luck!

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

You May Qualify for Naturalization if:
  • You have been a permanent resident for at least 5 years and meet all other eligibility requirements, please visit our General Path to Citizenship page for more information.
  • You have been a permanent resident for 3 years or more and meet all eligibility requirements to file as a spouse of a U.S. citizen, please visit our For Spouses of U.S. Citizens page for more information.
  • You have qualifying service in the U.S. armed forces and meet all other eligibility requirements. Visit the Military section of our website.
  • Your child may qualify for naturalization if you are a U.S. citizen, the child was born outside the U.S., the child is currently residing outside the U.S., and all other eligibility requirements are met.
You may also qualify through other paths to naturalization if you do not qualify through the paths described on the links to the left. See our A Guide to Naturalization guide. Chapter 4 of the guide discusses who is eligible for Naturalization.

Edited by Gegel, 30 November 2012 - 08:56 AM.

JohnR!MaleMonaco2012-11-30 08:54:00
US Citizenship General Discussioncalling usics again n again ... can affect your case ?
You can call as many times as you want but it will not make the process go any faster/slower. It has no impact one way or another.
JohnR!MaleMonaco2012-09-25 14:15:00
US Citizenship General DiscussionCitizenship Denied

At 1 point he did hired a lawyer,but i think he already gave up. i feel sorry for him, nobody really wants to be in his position.


Understood. That is also his prerogative to remain in that situation, but chances are this is not going away easily.
JohnR!MaleMonaco2012-08-08 17:16:00
US Citizenship General DiscussionCitizenship Denied

Ahhh.. but the difference is we all went through a lot of time, worry, and money to do it LEGALLY....... and it's ####### that someone who possibly came in illegally dares to ask us how to get around it.



I can certainly understand how you might feel outraged but you can never know it unless you're in that person's shoes. Nobody is telling this person how to get around the laws, so much as the advice has been consistently in that he should solicit legal representation to address it before a court of law.


JohnR!MaleMonaco2012-08-08 12:35:00
US Citizenship General DiscussionCitizenship Denied

No disrespect towards you Gegel.

It is obvious that the OP is asking for opinion and advise based on the information given. Isn't everything here on VJ hearsay?
2 main points.
1-denied being married in interview to immigrate
2-USCIS finds out he is and has been married prior to date of original interview and has a sworn statement from his previous interview claiming single.
The OP's friend did not claim that he is "not" married and USCIS made a mistake.
This is fairly straight forward.


Don't worry. I don't take any comments as disrespectful and I do see your point as well. What we don't know is the relevance of his marriage in his immigration process during the LPR process. It goes without saying that if he obtained his green card through marriage to a US citizen he is up the creek with no paddle. However, if his marital status represented no deciding factor in that process, he can certainly seek to redress the situation by appealing to our legal system. I do not wish to presume to guarantee any results so much as I wanted to point out that it may be well worth his while to have his day in court over this matter. That is the call to which I referred in my previous post.
On a personal note, I believe we are all here to bounce ideas from each other in a collaborative experience and that is how I took your comments. There is absolutely no disrespect in questioning someone else's point of view and if we all agreed all the time, there would be no edification to anyone. Posted Image
JohnR!MaleMonaco2012-08-08 07:41:00
US Citizenship General DiscussionCitizenship Denied

Lying to a Federal Official is a criminal offense in the USA. Making false statements (18 U.S.C. § 1001) is the common name for the United States federal crime laid out in Section 1001 of Title 18 of the United States Code, which generally prohibits lying to or concealing (information) from a federal official by oral affirmation, written statement or mere denial.

I doubt a lawyer can straighten that out.


Since we don't know what really happened, we can only speculate. It would be unwise to make any calls based on hearsay.
JohnR!MaleMonaco2012-08-07 19:27:00
US Citizenship General DiscussionCitizenship Denied

I have a friend and his citizenship was denied, I really didnlt ask for the details, but he told me when he had his interview to migrate in the US he said that he was not married, but when he applied for his ctizenship he claims they found out he was married before he even get here in the US. and now his greencard is about to expires. what he should do?


If his being married would have had no bearing on his immigration process to the US in the eyes of the USCIS, he should be able to renew his green card and remain a LPR, his fault being lying to an immigration officer in the process of obtaining citizenship. A lawyer might be able to help him straighten the record. However, if his marriage abroad should have prevented him from obtaining LPR status, he might consider leaving the country voluntarily before deportation proceedings are brought about. It can get ugly in these cases.
Good luck!
JohnR!MaleMonaco2012-08-07 17:03:00
US Citizenship General DiscussionInterview passed...confused now....

My wife passed her citizenship interview. However, on the day of the interview, interviewer asked her "where is your husband"? "is here today?" My wife said no. So, after passing the interview, interviewer asked that my wife bring her husband (me) to the oath ceremony. Has anyone been asked this? Is this required for the Oath Ceremony to have your spouse present? Do you folks know what they will ask the husband on the day of the ceremony? I am confused...why would they need me on the day of oath ceremony? are they going to interview me too?

CS.


If she is applying based on marriage (3-yr rule) they may ask that you be produced at some point.

Plan on attending the ceremony for it is one of the most important dates for any naturalized US citizen and I am sure your wife would expect to share it with you.
JohnR!MaleMonaco2012-12-13 10:40:00
US Citizenship General DiscussionNaturalization and reentry permit for green card holders
If you move out of the US for a long period of time it will affect your eligibility to citizenship. On a positive note, the reentry permit will allow you to return to the US and maintain your LPR status. Good luck!


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

Naturalization for Spouses of U.S. Citizens
In general, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (INA) if you

  • Have been a permanent resident (green card holder) for at least 3 years
  • Have been living in marital union with the same U.S. citizen spouse during such time
  • Meet all other eligibility requirements under this section
In certain cases, spouses of U.S. citizens employed abroad may qualify for naturalization regardless of their time as permanent residents. These spouses may qualify under Section 319(b) of the INA.

For information relating to spouses of military members, see our Members of the Military and Their Families page. Also for information about becoming a permanent resident or petitioning for family members, please visit our Green Card or Family webpages.


General Eligibility Requirements
To be eligible for naturalization pursuant to section 319(a) of the INA, an applicant must:

  • Be 18 or older
  • Be a permanent resident (green card holder) for at least 3 years immediately preceding the date of filing Form N-400, Application for Naturalization
  • Have been living in marital union with the U.S. citizen spouse, who has been a U.S. citizen during all of such period, during the 3 years immediately preceding the date of filing the application and up until examination on the application
  • Have lived within the state, or USCIS district with jurisdiction over the applicant’s place of residence, for at least 3 months prior to the date of filing the application
  • Have continuous residence in the United States as a lawful permanent resident for at least 3 years immediately preceding the date of filing the application
  • Reside continuously within the United States from the date of application for naturalization until the time of naturalization
  • Be physically present in the United States for at least 18 months out of the 3 years immediately preceding the date of filing the application
  • Be able to read, write, and speak English and have knowledge and an understanding of U.S. history and government (also known as civics)
  • Be a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the United States during all relevant periods under the law

JohnR!MaleMonaco2013-01-07 15:53:00
US Citizenship General DiscussionJoining US citizenship?

Hello, I am a GC holder right now and eligible to apply for the citizenship soon. Could someone tell me what the differences are (obligations and benefits) between GC and citizenship? Thanks!


Citizenship affords you the right to vote. Other than that the obligations and benefits are the same for everyone across the board.
JohnR!MaleMonaco2013-01-09 14:28:00
US Citizenship General DiscussionOath Question

I just want to know if the oath can be modified and if this causes problems on the day when going for the interview and civics test.
Thanks


Yes, it can be modified under certain circumstances...

Check out page 8 of the document in the link: http://www.uscis.gov...le/chapter5.pdf

Waiver or Modification of the Oath of Allegiance. In certain circumstances there can be a modification or waiver of the Oath of Allegiance. These circumstances are as follows:
? If you are unable or unwilling to promise to bear arms or perform noncombatant service because of religious training and belief, you may request to leave out those parts of the oath. USCIS may require
you to provide documentation from your religious organization explaining its beliefs and stating that you are a member in good standing.
? If you are unable or unwilling to take the oath with the words ?on oath? and ?so help me God? included, you must notify USCIS that you wish to take a modified Oath of Allegiance. Applicants are
not required to provide any evidence or testimony to support a request for this type of modification. See 8 CFR 337.1(b).
? USCIS can waive the Oath of Allegiance when it is shown that the person?s physical or developmental disability, or mental impairments, makes them unable to understand, or to communicate an understanding of, the meaning of the oath. See 8 USC 337.




Good luck!

Edited by Gegel, 20 August 2012 - 10:20 AM.

JohnR!MaleMonaco2012-08-20 10:18:00
US Citizenship General DiscussionFiling within 90 day window

Hey guys,

My citizenship application window opens up this March 2013. Hubby and I are buying our first house (yay!) and want to use that money for contingencies instead and file later. My question is: Is it like the removal of conditions where you have a 90 day window to file before the 3rd anniversary of your conditional green card date or can I file citizenship whenever I want after the 3 years?

I'm just worried not doing it immediately might cause problems because up to this date, we have been prompt about everything. Guess I'm just superstitious after 4 years of the immigration process.


You can file at any time, once you become eligible; or never. There is no requirement that you undergo naturalization; there is no deadline. It is up to you, when you are good and ready!

Congrats for the new house!!!
JohnR!MaleMonaco2013-01-25 12:28:00
US Citizenship General DiscussionCitizenship denial

I understand that I failed to inform them of my divorce but they also failed to call me on second interview. If they would have called me on second interview they would of find out about my status. Technically I did not lie since they never asked if I was divorced or not before they sent me the green card. And it is my fault that I did not tell that my status has changed, but it is also their fault that they sent me green card without asking about my status. If the process went as it should, I would of have the interview and they would find out that I was divorced. Instead they made a mistake, and it took them so long to fix it that they did not even bother calling me on second interview and just giving me the permanent green card. Now they said that I did not obtain the GC lawfully and it is not good and based on that they denied my application. So now I have been in this country for 10 years, I have paid taxes since day one in this country, I have bought a house here and have a new family with a child who is born here. In this 10 years I haven't travel anywhere outside US waiting to become a citizen first.
My question is, is it worth to appeal this and if I appeal, how far should I go ( should I go to district court if they come back with same decision)?


Bottom lime is that you are in the wrong. The obligation is yours to inform the USCIS of any change in your status and not the other way around. So, you can believe it is their fault but in reality the responsibility fell squarely on your shoulders. In a nutshell your screwed up and the USCIS has caught up with you. (Just a observation. Not a judgment call.)

Get a lawyer - a good one - as soon as you can and sort out this situation, for it will remain in your file and it will all come right back up to the surface when your wife-to-be files for your residence. This episode will remain in your file and it will be taken into consideration at any further immigration proceedings you may get yourself involved.

Good luck!
JohnR!MaleMonaco2013-01-24 12:20:00
US Citizenship General DiscussionCitizenship Jeopardized by Time Out of USA?

Thank you guys!

I'm assuming the same does not apply to permanent resident status as she already has conditional permanent residency?

Gegel, love the FSM!


The absences do not affect LPR so long as she does not stay out of the country for more than 12 months at a time, nor are there any requirements of presence in the US that would prevent her from applying for ROC when the time comes.

His Holy Noodleship rules!!! :thumbs:
JohnR!MaleMonaco2012-11-20 13:09:00
US Citizenship General DiscussionCitizenship Jeopardized by Time Out of USA?

Hey guys, I have a citizenship question.

Does time out of the USA count against you for citizenship purposes? If so what amount of time are we talking about?

The reason I ask is that my wife is a conditional resident from Russia. We are strongly considering spending some time abroad traveling, as I am retired, but I have been told that any time over 6 months out of the USA can jeopardize her application for US citizenship.

Any info or advice is appreciated, thank you.


Time spent outside the US may mean she will have to wait longer before she can apply for her citizenship once you are back stateside, but that is the extent of that. It does not jeopardize the process nor does it count against you, in any way.
JohnR!MaleMonaco2012-11-20 10:26:00
US Citizenship General DiscussionArrest documents

Yes, I was arrested for domestic violence battery after my wife falsely accused me of pulling her hair. The DA didn't press no charges and I didn't go to court. I have just expunged the arrest off my record.
The letter I attached were official letter from the DA saying no charges were filed against me and certified disposition from the court showing arrest only.
Thanks you guys for responding.



Have these handy in case it is brought up during your interview.
JohnR!MaleMonaco2013-02-18 12:22:00
US Citizenship General DiscussionTax filing status and n400 application

I understand why it was denied based on that category but will it be denied again under the 5 year category ?


You should not be denied if you file under the 5-year residence category. Good luck!
JohnR!MaleMonaco2013-02-26 15:22:00
US Citizenship General DiscussionQuestion about overdue taxes

So I have overdue taxes and it says to bring signed payment agreement form and also show that Im in good standing with IRS

I do have a copy of signed agreement that Im on repayment program when I started it, however IRS says they dont have a letter per say that says you are in good standing. All they have is transcripts that show payments have been made on time and she said I can use copies of my payment stubs to show that Im making payments and that Im in good standing that way.

What do you all think, would that be enough?

Thanks
Marcin


The transcripts and the payment stubs are enough evidence to show that you are current with the IRS. Current does not mean you don't owe anything, so much as you are meeting your obligations with them according to the agreement you signed.

You should be OK. Good luck!
JohnR!MaleMonaco2013-03-19 07:18:00