ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionRegistered to Vote and Applying for Citizenship -- Advice needed
QUOTE (jumper8 @ May 12 2008, 07:21 PM) <{POST_SNAPBACK}>
QUOTE (lucyrich @ May 12 2008, 05:32 PM) <{POST_SNAPBACK}>
You're on dangerous ground, and you'd be wise to seek the advice of an attorney.

You may also want to look at what the interviewer will be using for guidance. See the AFM 74.2(g) (available from the USCIS here).

Also note Appendix 74-10 and Appendix 74-9

My reading (and I'm NOT an attorney) is that you really need to be worried about actually having voted in an election, and about ever having claimed to be a US Citizen. If you have registered to vote but haven't ever claimed to be a US Citizen or voted in an election, you might be alright. If you signed voter registration paperwork that included a claim of citizenship, even though you didn't read what you signed, you may be in serious trouble.

Again, I'd talk to an attorney to sort it all out.


I just wanted to follow up and see what your take on this may be....
Scenario 1:
To what extent can an attorney do if I did sign the form that said I was a US citizen which I was not becaue I may have not read it or they told me it was ok to sign it if I pay taxes...

Scenario 2:
Do you think it may be "ever" possible that though I signed the form,that I can later claim that I was not aware at the time and who ever registered me never asked me to go thru the form?....

I know you are not an attorney but your answers do give very logical sense,and educative guesses.....

Thanks very much!

Did you sign the voter registration form? Yes or no? My understanding is that a signature is required. Ignorance of the law is never a defense.

Edited by diadromous mermaid, 12 May 2008 - 08:10 PM.

diadromous mermaidFemale02008-05-12 20:09:00
US Citizenship General DiscussionVery complicated situation
QUOTE (motu @ May 19 2008, 09:59 PM) <{POST_SNAPBACK}>
I think some people are confusing the evidence requirements for AOS/Removal with evidence for citizenship - its very minimal - just a marriage certificate, Joint Bank account and Joint Tax return. So, Go for it - Check out the evidence requirements for citizenship here. http://www.uscis.gov...00048f3d6a1RCRD
I believe you can do it very easily just like my wife's friend is doing. I do not see any problem with her plan. It's your decision so look at all sides - Good Luck.



Well, for one they'd have to show filing tax returns jointly, and he'd have to remember to file those US tax returns despite living and working in Canada.
diadromous mermaidFemale02008-05-19 21:16:00
US Citizenship General DiscussionVery complicated situation
QUOTE (Staashi @ May 19 2008, 01:42 PM) <{POST_SNAPBACK}>
QUOTE (amnonbabs @ May 17 2008, 09:39 PM) <{POST_SNAPBACK}>
OK, here's my huge problem:

Right now I have a 10 year green card.
I will meet the requirements to apply for citizenship on July (2008).
Hubby was offered a job in Canada and he is really excited about it, he REALLY wants to take this job. And they want him there ASAP.
We have no kids.
We don't own a house (that's why we need this job in Canada, to actually be able to buy a house)
Dad in law said we can use his house as a permanent residency while we are in Canada.
If everything goes well with hubby's new job we will be out of the US for 2 or 3 years..

How big is my problem and how can it be fixed? is it smart to wait until August , apply for citizenship, move to Canada and then come back for the interview or whatever? will they hold it against me that I am living in another country ?, should I get an immigration lawyer and will it make any difference whatsoever if I do?. please, whatever info you guys can give me I will really appreciate it. Thank you so much.


Have your husband take the job. You stay here while he lives there and then move when your citizenship is done. Also, you can visit him, just don't stay out of the country too long.


If he is her sponosr, he will need to file an I-865 within 30 days of taking the job. Thereafter, if she remains in the USA, she should take every precaution to mingle payments for housing and common marital expenses and keep the typical evidence that they would need to show they are still in a viable marriage and that the reason they have separate residences is due to professional circumstances. Though it shouldn't be viewed as impossible, remember that in order to file at the 3 year mark, the alien should show that he or she is living with the USC. Having a husband employed abroad doesn't mean the marriage is not sustaining, but it does require a little more evidence to show.

Edited by diadromous mermaid, 19 May 2008 - 06:55 PM.

diadromous mermaidFemale02008-05-19 18:53:00
US Citizenship General Discussionwhy am i asking this..no one knows
QUOTE (flavaofsummer @ May 25 2008, 10:33 PM) <{POST_SNAPBACK}>
another thing is that YES i ofcourse realize that i had a GC and i applied for him and know it takes like 3ish years but i wasnt aware or even thought about the dates jumping years backwards that was behind my thoughts that this unlucky thing would happen...2nd is i applied for the n400 i have to wait for the INTERVIEW to know if im in or not..meanwhile im not going to travel cus if i do then go to the interview they will ask me if i traveled and if i say yeah then i will have a bad impression on my case as to i couldnt live without leaving the country "again" so im not serious about becoming a citizen of the US..believe it or not certain things u can just give an impression of they can hold against u so im holding it all back its been a year i havent traveled and im not about to..i just hope i get the interview soon so i can know if i get it or not that way i can travel without any strings. or better yet sponser him update his case by contacting the uscis

Sorry, flava, but this is utter rubbish! You must satisfy 2 presence tests in order to qualify to naturalise. The first is substantial presence and it requires that an alien be in the USA a total of 30 months out of the past 5 years. The second is continuous presence and that requires that an alien not be out of the country for 180 days or more. So, the question now becomes, "Do you satisfy both of those tests?" If you do there is nothing prohibitting your travel.
diadromous mermaidFemale02008-05-26 17:27:00
US Citizenship General Discussionwhy am i asking this..no one knows
QUOTE (NickD @ May 25 2008, 06:00 PM) <{POST_SNAPBACK}>
QUOTE (Cassie @ May 25 2008, 03:56 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ May 25 2008, 03:35 PM) <{POST_SNAPBACK}>
QUOTE (Cassie @ May 25 2008, 03:14 PM) <{POST_SNAPBACK}>
You can't petition for a spouse until you become a US citizen, if I remember correctly.

This is false. An LPR can petition a spouse, but the spouse will be subject to priority date. If the LPR naturalises then the spouse will be afforded immediate relative of a USC status.

flavaofsummer,

The problem with your complaint is that according to the facts you've offered, you entered into petitioning process for your husband as a green card holder, knowing full well that he would be in for a long wait. How come you thought otherwise?



ah right, I didn't remember that part, thanks DM!


I gather that LPD stands for a Lawful Permanent Resident and was also under the impression that my wife as an LPD is helpless to petition for any relative until she became a US citizen, (USC). I am also wondering on what basis did Flava receive her GC and does that make any difference?

http://travel.state....types_1493.html

Gives more insight into this question.

Seems like Flava as an LPD that is not married to a USC has to wait five years as a permanent resident even before she can apply for the N-400, doesn't the form state that?

Can even a born USC go off to another country, marry someone without even a visa to come here, expect to bring that person here? And doesn't that depend on which country we are talking about?

Anyway, this is way beyond my league, would hire a top notch immigration attorney. Did that anyway in my own situation with both options, she coming here or I going there, or even a third option of a country where we could both go to. We both agreed, wife and I, no sense in getting married unless we could live together and every country seems to have different laws regarding this matter. Even this country has different relations to each of the other 195 countries in the world, gets complicated.


Yes, an LPR that received permanent residency through a means other than marriage must be a PR for 4 years and 9 months before applying for Naturalisation. But flavaofsummer's application was submitted prior to gaining citizenship. Her petition for her husband could be upgraded once she is a USC by her contact with USCIS.

Yes of course a USC can petition to bring a spouse to the USA, but as a spouse of a USC visa availability is not limited as with LPRs, and thus there are no priority date delays, as they do not have to wait until a visa becomes available.
diadromous mermaidFemale02008-05-25 17:14:00
US Citizenship General Discussionwhy am i asking this..no one knows
QUOTE (Cassie @ May 25 2008, 03:14 PM) <{POST_SNAPBACK}>
You can't petition for a spouse until you become a US citizen, if I remember correctly.

This is false. An LPR can petition a spouse, but the spouse will be subject to priority date. If the LPR naturalises then the spouse will be afforded immediate relative of a USC status.

flavaofsummer,

The problem with your complaint is that according to the facts you've offered, you entered into petitioning process for your husband as a green card holder, knowing full well that he would be in for a long wait. How come you thought otherwise?
diadromous mermaidFemale02008-05-25 15:35:00
US Citizenship General Discussionwhy am i asking this..no one knows
QUOTE (flavaofsummer @ May 23 2008, 05:45 PM) <{POST_SNAPBACK}>
i called immigration again for the 100th time and decided im not calling back im only making myself annoyed and unpatient. anywayz they said ur case pending for the interview and ur fingers cleared so u been waiting for 3 -4 months.. my question is do they really go by the local office???? cuz i filed in nov2007 and now nyc has july2007. looks like by the time they call me it will be I HAVE NO IDEA when! whats the deal with that? and people who filed like this year already became citizens. i cant even travel due to this. cuz they will question why i left the states and get all pissy aside they make u wait raise the fees then get pissy on u if anything u should be getting pissy!! how r u guys handling this how do i wait?


I'm curious. Why do you insist upon asking if there is someone that has filed at the same time as you, when it is clear that the filing time is not dependent upon the date you will be naturalised. There are several steps between filing and being called for an interview ~ background check being one. Some checks take longer than others, but nonetheless, there are backlogs due to a flurry of filings before the price increase. That translates to a longer processing time. When you're in queue for Naturalisation, you're at the tail end of the whole immigration process. Why get your knickers in a twist now? Patience is a virtue smile.gif
diadromous mermaidFemale02008-05-24 18:05:00
US Citizenship General Discussioni have a little info if anyones interested
QUOTE (flavaofsummer @ Jun 4 2008, 08:43 PM) <{POST_SNAPBACK}>
i talked to the IO and she said that the computer puts ur name in queued and gives u the interview date is that true? i asked her what about the local office dates? so she said not everyones background check clears on time so they put others ahead so tell me what u think about this??????cus everyone seems to say diff things im waiting for my IL i applied in nov2007 as u all know since i bring it up so often LOL


That is somewhat correct. I've heard various renditions (the applicants are queued for an interview even when the background check is still oending), but I had always thought that an applicant is not placed in queue until the background check has been cleared.
diadromous mermaidFemale02008-06-04 20:33:00
US Citizenship General DiscussionN-400 citizenship
QUOTE (mrsmarx @ Jun 7 2008, 08:12 PM) <{POST_SNAPBACK}>
Can I apply the N-400 or Naturalization without my husband presence?

yes, but only after you have been a permanent resident (the conditional permanent residency time period counts as well) for 5 years
You don't have to wait until you are a citizen to divorce, in fact, if you will not be living together and in a sustaining marriage, you will be found ineligible to apply for Naturalisation at the 3 year mark (as is the case with aliens married to US citizens)
QUOTE (mrsmarx)
Are they going to deported me?

not for this reason.
QUOTE (mrsmarx)
Do I need to go back to my home country after the interview in removing the conditions

no
QUOTE (mrsmarx)
and if they approve I-751 and they give me the 10 years LPR it takes me 5 years to be a citizen right?

not 5 more years. 5 years in total
QUOTE (mrsmarx)
What is the requirements to submit the N-400?
you must meet all of the eligibility requirements
QUOTE (mrsmarx)
Is their another interview for that?

yes
QUOTE (mrsmarx)
What name can I use my married or my single name?
It depends upon when you apply. If before divorce, your married name. If after, your single name.
QUOTE (mrsmarx)
Can I submit it by myself wihtout his presence or his name on it?
Yes, it is your application

Well, without more information we can't say whether he has any grounds to declare that, but if your marriage has been bonafide, then it is most likely a case of sour grapes and nothing will come of his threats.
diadromous mermaidFemale02008-06-07 21:10:00
US Citizenship General DiscussionWhat happens if your denied citizenship?
QUOTE (Jenn! @ Jun 11 2008, 07:21 PM) <{POST_SNAPBACK}>
I read that you have two chances at the test before they will deny your application. So what happens then? Can you apply again at some point?



Yes, but you would be required to submit a new application.

QUOTE
How many attempts do I get to pass the citizenship interview?

If you fail the exam, you get a second attempt. If you fail the second time, you must submit a new application including the fee.

If I fail the interview once, how long does my case stay open for the second try? USCIS will give you the next appointment date, if you cannot make it to that second appointment, you must send USCIS a copy of your N-445 along with a letter explaining why you cannot make it to your appointment. You will then receive a new appointment date.

What is a Second Interview?
You need to have a second interview if:

You did not pass the English exam.
You did not pass the U.S. History and Government Test.
USCIS needs more information.

The process for the second interview is as follows:

Will be 90 days after your first interview.
Will repeat the exams that you did not pass.
You can bring an attorney.
You will have 30 days to present any missing documents.

diadromous mermaidFemale02008-06-11 18:38:00
US Citizenship General DiscussionWhat happens if your denied citizenship?
QUOTE (lissa04 @ Apr 23 2008, 08:39 PM) <{POST_SNAPBACK}>
Hi there,

I have seen a few articles lately in regards to being denied citizenship. So what happens if you are denied? Do they start deportation proceedings against you? What may be some of the reasons one may be denied? I know I can't apply till December of this year but I thought I would ask the question. At the interview what kinds of questions do they ask you? What should one expect?Thanks

Lissa

If you are denied citizenship it doesn't necessarily mean that your permanent residence is in jeopardy. People are denied for not having really been eligible, not having a valid marriage (if applying on the expedite track), not having paid taxes to the US, not having maintained continuous presence or having something in their recent past that places their moral character in question etc. There are cases where an applicant is denied due to subversive affiliations, and other deportable crimes, of course, but that is not common.

Edited by diadromous mermaid, 23 April 2008 - 08:27 PM.

diadromous mermaidFemale02008-04-23 20:27:00
US Citizenship General Discussionjust wanted to let u folks know "its rather annoying"
QUOTE (flavaofsummer @ Jun 9 2008, 11:25 PM) <{POST_SNAPBACK}>
thats a bunch of baloney about how they r soOOo stressed out cuz of the exceedingly wicked year they had in june 2007 when the fees went up. how the heck r u going to say that when people in front of u who applied in march2008 r citizens now within 90 days? WHY arent these people with us people who r given reasons waiting long? why do we have to be told to understand that the waiting time long due to the rise of applications when at the same time the may2008 folks r citizens? im just so pissed off i hate how this is working.

Perhaps those folks that were naturalised so quickly had names that were easier to check, or didn't have any hits in the IBIS system. You haven't told us your name, so how can anyone comment, or at least, how can anyone try to rationalise why your application is taking longer?
diadromous mermaidFemale02008-06-10 18:36:00
US Citizenship General DiscussionFiling N-400 on Monday
QUOTE (ajm_80 @ Jun 21 2008, 09:36 AM) <{POST_SNAPBACK}>
Hi Everyone

I have a quick question and couldn't seem to find any recent postings on the same subject.

I am sending off my N-400 on Monday and when completing the section of the form which details my residence(s) for the past 5 years, I realized that neither I nor my wife as my sponsor filed Change of Address forms when we moved to a new apartment on 4/01.

I don't want to fudge the date just to fall within the 10 day notification requirement for change of address. Does anyone have any experience with this? Should I just list everything correctly and file the change forms with a letter apologizing for the oversight? Will it be a big deal?

Thanks!



Do you meet the residency requirement for form N-400? An alien must have lived in the district for 90 days.
diadromous mermaidFemale02008-06-22 17:47:00
US Citizenship General Discussionurgente deportacion
QUOTE (NickD @ Jul 8 2008, 05:21 PM) <{POST_SNAPBACK}>
QUOTE (Eunimar @ Jul 8 2008, 08:50 AM) <{POST_SNAPBACK}>
A quien pueda interesar tengo unas amistades la esposa es ciudadana americana y su esposo es Mexicano pero entro a los Estados Unidos ilegal lamentablemente a su esposo lo deportaron ellos estan sufriendo mucho debido a que ellos tienen un hijo y ahora nuevamente su esposa dio a luz otra criaturita quisiera saber por medio de ustedes es si es posible que este señor pueda juntarse nuevamente con su esposa es muy triste esta deportacion si alguien me puede orientar acerca de este caso se lo voy agradecer muchas gracias



With 20 million illegals here, why did they pick on you? Were you naughty?


Apparently, if I understand the post correctly, the husband was EWI and here unlawfully. Unless the husband commited an aggravated felony (did he?)), it doesn't matter why he was removed, but that he was removed. Chances are he was discovered. To the OP, how long was the husband in the USA without status? There is a waiver process that a USC can try, but it would require that she demonstrate extreme hardship.
diadromous mermaidFemale02008-07-08 20:14:00
US Citizenship General DiscussionTax and citizenship
QUOTE (NickD @ Jul 26 2008, 07:53 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Jul 26 2008, 04:26 PM) <{POST_SNAPBACK}>
QUOTE (Staashi @ Jul 25 2008, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (Gaby&Talbert @ Jul 24 2008, 10:46 AM) <{POST_SNAPBACK}>
I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.


Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.


That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.


Ha, thought "We The People" were the government.

unsure.gif Sorry, NickD, you lost me!
diadromous mermaidFemale02008-07-26 19:21:00
US Citizenship General DiscussionTax and citizenship
QUOTE (Staashi @ Jul 25 2008, 07:36 PM) <{POST_SNAPBACK}>
QUOTE (Gaby&Talbert @ Jul 24 2008, 10:46 AM) <{POST_SNAPBACK}>
I do think income is a factor in how they treat you because when my wife got her K-3 she said as soon as they saw my tax returns and how much I made they didn't look at anything else and approved her. When we went for her AOS it took about 5 minutes and we were out. Hopefully removing conditions and citizenship are as easy.


Income is only a factor in the K1 or K3 because you have to prove that as the petitioner, you have the capacity to support your beneficiary (fiance/spouse) when they come to the US so as not to become a public burden. As stated before, joint tax returns demonstrate a valid marital union.


That and the crucial element, that the alien is of good moral character, an element which if not demonstrated prohibits naturalisation altogether.
diadromous mermaidFemale02008-07-26 16:26:00
US Citizenship General DiscussionN400 Part 7 - Filing Under 3-Year Eligibility Rule
I'd like to add that I don't believe the questions on the N-400 are poorly worded at all. The form is used for aliens that become eligible to file for naturalisation, whether married to a USC or not. The eligibility to naturalise within 3 years of receiving PR is a privilege afforded to spouses of US citizens and contingent upon USCIS determining that the alien is still in a legally-viable marriage to the sponsoring/petitioning US citizen, and that will be determined after review of the evidence that is required with the submission. It would be my recommenation to answer the questions as posed. List your travels for the 5-year period. If the questions for the form are answered completely, USCIS will be well aware of the date you received PR and well aware that your presence in the USA prior to that date was incident to the status you were offered.
QUOTE (lucyrich @ Aug 27 2008, 04:08 PM) <{POST_SNAPBACK}>
The questions are poorly worded.

They're only really interested in three years, for a case where you're applying based on the three year rule.

You have two basic choices to deal with it. You can cross out the word "five" and put "three" where appropriate, and then fill in the answers for the past three years. Or you can take the questions literally, and fill in the questions for the past five years, giving the appropriate travel dates. The examiner will have to do his own arithmetic to figure out the total number of days you've been out of the country in the past three years, but those examiners are used to this poorly worded form, and they'll figure it out.

People have reported success with both strategies. We were successful by crossing out "five", writing "three", and answering for the past three years.

What you DON'T want to do is lie or mislead. Don't fill out info for the past three years unless you're making it very clear that you're only covering the past three years.

diadromous mermaidFemale02008-09-01 10:51:00
US Citizenship General DiscussionWhen does the Permanent Resident Clock Start?
A Conditional Permanent Resident is a Permanent Resident.
QUOTE (Larry and Maria @ Oct 19 2008, 01:46 PM) <{POST_SNAPBACK}>
Thank you for all the answers.

Yes, we looked at the M-476 Guide before asking.

The 2 years "green card" only says "Resident" for the date.
No 10 year "green card" yet so there's no other card to compare with.

We like most of you, have spent quite a bit of time searching USCS docs and VJ "Guides" over the past three plus years to get answers to questions.
Some of the info on VJ we've actually found to be out of date.

In all the documentation, we've not see a definition that clarifies the difference between "Conditional" Permanent Resident and Permanent Resident with "Conditions Removed" affects "Resident" dates.
That was the question we were looking to find an answer for in all the USCIS docs.

For example, a good place would be Page 22 of M-476; it's not there.
Maybe it's somewhere and we just didn't find it.
What we were trying to avoid was filing before it was time and causing a "gotcha"!
It seems odd that the designation "Conditional Permanent" and "Permanent without Conditions" is the same, at least as far as the date goes.
It seems the real "Permanent Resident" Date would be the date the 10-year "green card" is issued with no "conditions".

Thanks again for taking the time to have responded; we appreciated it.

diadromous mermaidFemale02008-10-19 12:49:00
US Citizenship General Discussionnow that I have my 10 yr card
Perhaps not applicable, and potentially rare, but an LPR always runs the risk of being convicted of a deportable offense. It doesn't happen often, but there are some innocent people charged of crimes!
QUOTE (giraffemd @ Dec 11 2008, 08:50 PM) <{POST_SNAPBACK}>
QUOTE (flames9 @ Dec 11 2008, 04:13 AM) <{POST_SNAPBACK}>
Canada and the US do have a tax treaty, so I belive if you make under a certain amt of $$$$ you wouldn't actually have to pay!!

under a certain amount of $$$$'''means I probably don't have to pay..I guess that's good and bad.....working in retail..ya know I'm never gonna strike it rich....especially these days!!!!!!! smile.gif


diadromous mermaidFemale02008-12-11 21:04:00
US Citizenship General Discussiondecision will me mailed to you on my paper
Considering the vast number of applications submitted by permanent residents interested in acquisition of US citizenship each year, no, not usually, but I am sure there are cases that fall outside the 120 day window. That's where the applicant would have a right to file the writ to force USCIS to take action on the file.
QUOTE (snowmans @ Dec 27 2008, 08:02 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 07:05 PM) <{POST_SNAPBACK}>
If no decision is made within the 120 days then you could file a Writ of Mandamus compelling the Service to make a decision.
QUOTE (snowmans @ Dec 27 2008, 06:59 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:54 PM) <{POST_SNAPBACK}>
Yes, the law stipulates that they can take up to but no more than 120 days to make a decision.
QUOTE (snowmans @ Dec 27 2008, 06:45 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:39 PM) <{POST_SNAPBACK}>
Probably pending the outcome of the FBI name check.
QUOTE (snowmans @ Dec 27 2008, 05:24 PM) <{POST_SNAPBACK}>
I had myi nterview back in september in new york city for my USA Citizenship. before I keft the officer handed me the form it said decision will be mailed to you. It has been 3 months since that! I heard they can take 120 days. but what if they pass the 120 days do they actually pass the 120 days? has this happened to you guys or anyone you know? can you help me out?


namecheck was cleared thats why I got the interview now they are going to send the file to the supervisor but its been 3 months already im waiting tongue_ss.gif


yes I stayed a trip more then 6 months but had proof of the things that i didnt abadon the usa i showed tax rent and documents such as the ones they ask you for when they say prove you kept ties with the states. please help me understand why they make me wait so long what if they dont tell me in 120 days?


well do they take more then 120 usually?


diadromous mermaidFemale02008-12-27 20:26:00
US Citizenship General Discussiondecision will me mailed to you on my paper
If no decision is made within the 120 days then you could file a Writ of Mandamus compelling the Service to make a decision.
QUOTE (snowmans @ Dec 27 2008, 06:59 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:54 PM) <{POST_SNAPBACK}>
Yes, the law stipulates that they can take up to but no more than 120 days to make a decision.
QUOTE (snowmans @ Dec 27 2008, 06:45 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:39 PM) <{POST_SNAPBACK}>
Probably pending the outcome of the FBI name check.
QUOTE (snowmans @ Dec 27 2008, 05:24 PM) <{POST_SNAPBACK}>
I had myi nterview back in september in new york city for my USA Citizenship. before I keft the officer handed me the form it said decision will be mailed to you. It has been 3 months since that! I heard they can take 120 days. but what if they pass the 120 days do they actually pass the 120 days? has this happened to you guys or anyone you know? can you help me out?


namecheck was cleared thats why I got the interview now they are going to send the file to the supervisor but its been 3 months already im waiting tongue_ss.gif


yes I stayed a trip more then 6 months but had proof of the things that i didnt abadon the usa i showed tax rent and documents such as the ones they ask you for when they say prove you kept ties with the states. please help me understand why they make me wait so long what if they dont tell me in 120 days?


diadromous mermaidFemale02008-12-27 19:05:00
US Citizenship General Discussiondecision will me mailed to you on my paper
Yes, the law stipulates that they can take up to but no more than 120 days to make a decision.
QUOTE (snowmans @ Dec 27 2008, 06:45 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:39 PM) <{POST_SNAPBACK}>
Probably pending the outcome of the FBI name check.
QUOTE (snowmans @ Dec 27 2008, 05:24 PM) <{POST_SNAPBACK}>
I had myi nterview back in september in new york city for my USA Citizenship. before I keft the officer handed me the form it said decision will be mailed to you. It has been 3 months since that! I heard they can take 120 days. but what if they pass the 120 days do they actually pass the 120 days? has this happened to you guys or anyone you know? can you help me out?


namecheck was cleared thats why I got the interview now they are going to send the file to the supervisor but its been 3 months already im waiting tongue_ss.gif


diadromous mermaidFemale02008-12-27 18:54:00
US Citizenship General Discussiondecision will me mailed to you on my paper
QUOTE (snowmans @ Dec 27 2008, 06:45 PM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Dec 27 2008, 06:39 PM) <{POST_SNAPBACK}>
Probably pending the outcome of the FBI name check.
QUOTE (snowmans @ Dec 27 2008, 05:24 PM) <{POST_SNAPBACK}>
I had myi nterview back in september in new york city for my USA Citizenship. before I keft the officer handed me the form it said decision will be mailed to you. It has been 3 months since that! I heard they can take 120 days. but what if they pass the 120 days do they actually pass the 120 days? has this happened to you guys or anyone you know? can you help me out?


namecheck was cleared thats why I got the interview now they are going to send the file to the supervisor but its been 3 months already im waiting tongue_ss.gif

Ah, I see. Was there a question on your continuous presence eligibility?
diadromous mermaidFemale02008-12-27 18:52:00
US Citizenship General Discussiondecision will me mailed to you on my paper
Probably pending the outcome of the FBI name check.
QUOTE (snowmans @ Dec 27 2008, 05:24 PM) <{POST_SNAPBACK}>
I had myi nterview back in september in new york city for my USA Citizenship. before I keft the officer handed me the form it said decision will be mailed to you. It has been 3 months since that! I heard they can take 120 days. but what if they pass the 120 days do they actually pass the 120 days? has this happened to you guys or anyone you know? can you help me out?


diadromous mermaidFemale02008-12-27 18:39:00
US Citizenship General DiscussionContinuous Residence Requirement
Are you planning to *live* in the Philippines for the 8-9 months? Continuous residence means that you consider the USA your legal residence.
QUOTE (RichardPeng @ Jan 1 2009, 05:15 PM) <{POST_SNAPBACK}>
Greetings!

I actually have questions regarding a trip that im planning 10 months from now going to the Philippines. My girlfriend and I decided to get married once i get there and im planning to stay there for about 8-9 months before i come back here in the US. I know that once you live outside the US for more than 6 months, this will break your continuous residency as well as you might run to the problem of losing your green card. Since my trip will be more than 6 months, can i actually go to Guam on my 5th month and stay there for about a week or so and go back to the Philippines to finish my remaining vacation months? Is Guam considered US land for naturalization purposes? will this affect my continuous residence requirement if i only stay there for about a week or so? being said, we've been here since Dec 05' and I'm already partially eligible for Naturalization since i already met the Physical Residence Requirement of 30 months within the 5 years.. I'm planning to file my citizenship on Sept 2010 since thats 3 months before my 5 years over here. I hope you guys can help me clear this out before i make plans and before i ruin my immigration stuff.. Thanks so much!! every help will be much appreciated.. Thanks again!

Richard


diadromous mermaidFemale02009-01-01 21:08:00
US Citizenship General DiscussionResidency Question
Need more timeline information from you. You say you acquired PR in Nov 2003, how? And when did you enroll in school in India?
QUOTE (swapdude @ Dec 16 2008, 05:51 PM) <{POST_SNAPBACK}>
Hi,

I have my interview coming up on January 7 and I recently received a letter for USCIS for additional evidence needed on my case.

I got my PR in Nov 2003, I can to US for 3 days .. did the process, registered for Selective Service and went back to India in 3 days because I had my exams coming up.

I stayed out of the country for 9 months and came back to US in Aug 04 and have been here since then.

The letter from USCIS wants me to prove that I did not try to give up my Residency during that period by showing proof of home/lease agreement, utility bills, tax return, bank statements etc.

Now I do not have any of that information during that period because I came to the US just for 3 days.

What can be done ? Will my transcripts and certificates from India suffice as I was a student back then ..

Please advice

Thanks,


diadromous mermaidFemale02008-12-17 21:50:00
US Citizenship General DiscussionN400 – Where to file if my spouse and I are living in different states?
I don't see an issue. She can file in Florida, a long as she is prepared to go there for the interview and ceremony.

To those that are not inclined to agree, please do not confound a marital separation with a case where individuals who are in a viable and sustaining marrige having to reside elsewhere for professional or educational purposes.

QUOTE (rjk_usa27 @ Jan 7 2009, 12:17 AM) <{POST_SNAPBACK}>
Hi, I am a naturalized U.S Citizen, happily married for close to 4 years with a beautiful child. My wife has been a green card holder for 3 years and wants to apply for her citizenship. 6 months ago she moved to California because she got into pharmacy school while I stayed in Florida because of work. I visit her once a month and she comes down to Florida during breaks. After she is done with school, she will move back to Florida.

All our records are under the Florida address. Tax returns, bank accounts, licenses, child’s birth certificate, etc..

Should she file her N400 under the Florida address or California address? If she files under Florida, she will have to make a trip to Florida for, I believe, biometrics, interview and oath ceremony. Correct? She prefers to file in California. Is this ok?


diadromous mermaidFemale02009-01-10 17:39:00
US Citizenship General DiscussionN-400 and living together for 3 years
If you were living separately for purposes like career or education, you were in a viable marriage. The issue of residing separately and its impact upon eligibility for Naturalisation has more to do with parties that separate because the marriage itself is failing.
QUOTE (immigration999 @ Feb 14 2009, 09:40 AM) <{POST_SNAPBACK}>
Dear experts and forum members,

I plan to submit my N-400 based on 3 years marriage.

We been married for almost 4 years but for initail 1.5 year, my wife was living in another city (same state) for completion of her bachelors degree in a university program and after completion, she moved with me where I am currently having my job.

We are now living together for over 2 years in a marriage of 4 years. During the time, when my wife was studying in another city, we both were visiting eachother.

During our initial CR interview, we told CIS officer about her studying and there was no problem.
Now I got my 10 year GC.

Please, advise if I can send N-400 and THANK YOU for the help.


diadromous mermaidFemale02009-02-14 17:41:00
US Citizenship General DiscussionDo I have any rights??
QUOTE (Ovi @ Feb 19 2009, 11:24 PM) <{POST_SNAPBACK}>
Hello,

My name is Ovi and I am having a terrible time getting my Oath Ceremony rescheduled. I had to move from Chicago to Dallas and because of it my oath ceremony is now delayed 6 months. It has been almost 7 months since my intervew in Chicago. I have done a service request and wrote to the senator here in Texas but no good news yet.

My question is this. I have a letter saying that my N400 application was approved and that they are just waiting on scheduling the oath ceremony. I am engaged to a wonderful girl in Romania and I was wondering if there was any way to start her paperwork for the K1 visa with the N400 approved and without the Certificate of Naturalization. Is there anything I can do??

Thanks,

Any insight would be appreciated.

No. You'll need to provide evidence of your citizenship for the petition.
diadromous mermaidFemale02009-02-20 07:24:00
US Citizenship General DiscussionWhat if U.S. Husband/Wife is in JAIL???
I'd be inclined to say that the alien would be eligible to file. Divorce and death end the marital union. Incarceration of the USC spouse does not. In fact, even in cases of physical separation the AO has the discretion to make a determination as to the alien's eligibility.
QUOTE (lucyrich @ Feb 20 2009, 01:00 PM) <{POST_SNAPBACK}>
QUOTE (NickD @ Feb 20 2009, 03:42 AM) <{POST_SNAPBACK}>
Another good question would be, what happens if your spouse dies between your interview and oath ceremony, they do ask that question.


There are published cases where that issue has been tested. If the USC spouse dies at any time before the alien takes the oath, then the alien is ineligible to naturalize under the "three years married to and living with a USC" shortcut. It's sad, because the alien is not at fault and is facing a tragedy compounded by a bureacracy, but the law is clear on that point.



QUOTE (moonhunt @ Feb 20 2009, 06:24 AM) <{POST_SNAPBACK}>
But if it is US citizen's fault, it is considered as "beyond the control" by immigrant.
That's why I think there is a chance.


Perhaps. But if the US Citizen deserts the alien spouse and runs away to hide somewhere in the wilderness, or to a country where the alien can't get a visa to enter, that might be circumstances beyond the alien's control, but it would break the "living together in valid marital union" bit. I think when that regulation says "beyond their control", it's talking about beyond the control of either party. But I might be wrong.


QUOTE (jasminelily @ Feb 20 2009, 07:33 AM) <{POST_SNAPBACK}>
QUOTE (jasman0717 @ Feb 20 2009, 09:12 AM) <{POST_SNAPBACK}>
Depending on what they are in jail for they could be candidates for deportation.


huh? So USC spouse goes to jail/prison and they'd deport the LPR other half? It's not the LPR who commited the crime. Did he/she? Does that make sense? Anybody? blink.gif wacko.gif


The US Criminal justice system won't convict the alien spouse of a crime unless there's proof beyond a reasonable doubt that the alien did in fact commit the crime. We don't jail people for the crimes of their spouses.

On the other hand, in immigration matters, when an alien is applying for an immigration benefit, the alien has the burden of proof. And in order to naturalize, the alien must prove he/she is of "good moral character". It's not hard to imagine circumstances where it looks like the alien was involved in the crime, but the details are muddy enough such that a prosecuting attorney would find it difficult to sustain the burden of proof beyond a reasonable doubt against the alien, but the alien would also find it difficult to sustain the burden of proof via a preponderance of the evidence that the alien is of good moral character.

That's still not the same as saying the alien is deportable. The possible reasons for deportation are listed in INA 237. Most of them require a criminal conviction to be considered deportable. And that criminal conviction requires proof beyond a reasonable doubt against the alien. But there are a few things that can lead to deportation without a criminal conviction. For example: Any alien who has engaged, is engaged, or at any time after admission engages in any activity to violate any law of the United States relating to espionage or sabotage or to violate or evade any law prohibiting the export from the United States of goods, technology, or sensitive information, or any other criminal activity which endangers public safety or national security is deportable.

If the facts suggest the alien engaged in "criminal activity which endangers public safety" (which could include a whole lot of things), the alien won't necessarily be saved from deportation just because the DA decided there wasn't quite enough evidence to prosecute the alien in criminal court.

But the USC spouse's crimes, by themselves, won't lead to the alien's deportation. There would have to be evidence that the alien did something wrong, other than just having bad judgement in choosing a spouse.


diadromous mermaidFemale02009-02-20 20:50:00
US Citizenship General DiscussionSeparated after filing N400. Now oath ceremony in few days.
No you separated BEFORE the interview, but are legally in divorce proceedings now. As far as I can see it is up to the discretion of USCIS whether you qualify for expedited Naturalisation. Did your USC spouse attend the N400 interview with you?
QUOTE (YankeeDoodle @ Feb 24 2009, 08:45 PM) <{POST_SNAPBACK}>
Hi,
I filed N400 with 3 yr married to USC rule. After fileing and before interview, things got worse and USC moved out of the house and filed for divorce. Interview went fine.. IO didnt ask and I didnt tell. Finally got the oath ceremony letter where it specifically asks if I got married, divorced, separated, widowed after N400 interview. Not sure how to answer that as technically I did NOT separate AFTER the interview. I am still married to the USC but the divorce case is in cour of law. Any help or suggestions is appreciated.

If I answer Yes to above question what all documents do I need to bring and what are different possible outcomes at the oath ceremony

Any advice please.

Yankee


diadromous mermaidFemale02009-02-24 20:47:00
US Citizenship General DiscussionFiled N-400 and now marriage is heading south
QUOTE (YankeeDoodle @ Oct 8 2008, 09:10 PM) <{POST_SNAPBACK}>
Ilovecookies: why does she have a protection order against you? USCIS might check on that!! As far as I know, you have to be of "good moral character", so I don't know how that will affect your case.

Because she figured that would be the easiest way for her to give me immense pain and deny me of my child. And supposedly she fears that I'll take my child out of USA and may never return. Other reason, so that she can see me squirm without my child and probably she is hoping that it will convince me to tolerate all of her bullsh!t and continue to live with her. Just her tactic to torture me and possibly get back to me.

As far as "Good Moral" character is concerned, I dont know how it will be percieved by USCIS. As far as protection order is concerned, any one can get one against anyone, its the hearing in the court that willl decide if it needs to be continued or removed or if it was firvolous, which I am waiting for.



Could be, but my experience is that in order to secure an ex parte order of protection it requires that the petitioner demonstrate some credible fear of harm to his or her person. Wise to keep your nose clean, in the meantime, regardless of how spurious you see her claim.
diadromous mermaidFemale02008-10-08 20:24:00
US Citizenship General DiscussionQuestion..Based on 3 Years marriage..
Well, yes, I see an issue. Firstly, your attorney is encouraging you to state an untruth. If you are required to living seprately and apart for 12-18 months, and you weren't, then placing a false date on the divorce documents is wrong. Convenient, perhaps, but wrong all the same. Secondly, successful Naturalisation requires that you were actively residing with your wife for 3 years prior to the interview. If you were residing together and wish to gain US citizenship, then do so, but for heaven's sake, decide what is important to you. If it is US citizenship - then delay the separationa and divorce. If it is to become a single man - then wait an additional 2 years to become a citizen. Why are you trying to get both through falsification of the facts?
QUOTE (sanatariq @ Mar 14 2009, 02:01 PM) <{POST_SNAPBACK}>
Hi..
I have one question..if anybody can conments on that i will really appreciate.
If you become US citzen based on 3 years marriage...and after two months becoming US citizen you decided to file a divorce under no fault.. as new jersey requires minimum 12 month separation.. as my lawyer(family law) told me that we can put 13 or 14 months old date for separation.. my question is.. is there any problem with citizenship become at the time of interview u told them that we are living together..and we were...but in divorce care u write wrong dates for separation to get early divorce... is there any problem in this case.....will immigration note that in future somewhere..??


diadromous mermaidFemale02009-03-14 15:38:00
US Citizenship General Discussionn400 and divorce stipulation of discontinuance question
Having been called for a "stokes" interview in the past does cast some doubt as to the legitimacy of the marriage, yes, but in the end you prevailed in demonstrating that the relationship was bonafide. How that impacts the next step depends entirely upon the circumstances that followed the adjustment of status phase.

If the marriage unraveled shortly after the GC was awarded, and you spent a large part of the time that elapsed, either separated or in different countries, then yes I would think that the bar would be raised in demonstrating that the whole marriage was not suspect. If you have any doubt, it would be best to confer with an immigration specialist. Withdrawing the application for expedited Naturalisation and awaiting the appropriate time to apply under the 5 year rule, is much better than being found to be ineligible, or worse yet, having it rescinded. What is your hurry?
QUOTE (gigant @ Mar 15 2009, 05:22 AM) <{POST_SNAPBACK}>
QUOTE (diadromous mermaid @ Mar 14 2009, 02:56 PM) <{POST_SNAPBACK}>
As far as I know, a stipulation for discontinuance will halt the divorce process. It will not expunge any record of a petition for divorce having been served and commenced. However, the "discretion" afforded the AO in any Naturalization adjudication with respect to any separation of the parties prior to a decision being made on an application is there for this very reason. USCIS understands that marriages between USCs and aliens are not all that different from marriages between USCs and USCs. Sometimes parties separate, but later reconcile. The AO will use his or her discretion in determining if your separation was an indication that your marriage is now in a terminal state. Frankly, the fact that you were headed for a divorce, momentarily and that you have now reconciled and repaired your marriage could be interpretted as a testament to the validity of your union.
QUOTE (gigant @ Mar 13 2009, 05:57 PM) <{POST_SNAPBACK}>
Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;
Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw
For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;
Some people here already know my case;

Pls advice

Thank you a lot




hi diadromus,

i have to add that me and my wife have been through the "stokes" interview back in 2005 for my AOS , will this add additional suspect in the AO mind?

after she filed for divorce i also took a trip outside the country alone,

with this background do you still suggest me to go for the interview?

what is the maximum that i risk by going to the interview?



thank you

Edited by diadromous mermaid, 15 March 2009 - 07:45 AM.

diadromous mermaidFemale02009-03-15 07:44:00
US Citizenship General Discussionn400 and divorce stipulation of discontinuance question
As far as I know, a stipulation for discontinuance will halt the divorce process. It will not expunge any record of a petition for divorce having been served and commenced. However, the "discretion" afforded the AO in any Naturalization adjudication with respect to any separation of the parties prior to a decision being made on an application is there for this very reason. USCIS understands that marriages between USCs and aliens are not all that different from marriages between USCs and USCs. Sometimes parties separate, but later reconcile. The AO will use his or her discretion in determining if your separation was an indication that your marriage is now in a terminal state. Frankly, the fact that you were headed for a divorce, momentarily and that you have now reconciled and repaired your marriage could be interpretted as a testament to the validity of your union.
QUOTE (gigant @ Mar 13 2009, 05:57 PM) <{POST_SNAPBACK}>
Hi,

After filing for N400 last jan my wife (usc) filed for divorce on Jan 2008;
Now we reconciled and we agreed to sign a STIPULATION of discontinuance: this will (the law office say) withdraw the divorce originally filed:

Is this true?: a petition of discontinuation will withdraw
For good the divorce paper?

In this case should I explain the all story to the immigration officer that will interview me?

I know this may be a divorce question matter but I've nowhere else to ask;
Some people here already know my case;

Pls advice

Thank you a lot


diadromous mermaidFemale02009-03-14 13:56:00
US Citizenship General DiscussionName Change during N-400
If the Oath ceremony is presided over by a judge (some DOs have oath ceremonies that are simple administrative ceremonies without a judge presiding) then there shouldn't be a delay.
QUOTE (jsnearline @ Jun 6 2009, 10:22 PM) <{POST_SNAPBACK}>
My wife requested a name change on her N-400. We're wondering how much it might delay her Oath Ceremony (since it has to be conducted by a federal court for the name change).


diadromous mermaidFemale02009-06-07 15:47:00
US Citizenship General DiscussionCivics Test
It's not that exacting. You're overthinking it. It is a test of civic knowledge, and if the answer offered covers the jist of the question, then that's OK.
QUOTE (jsnearline @ Jun 28 2009, 05:52 PM) <{POST_SNAPBACK}>
Is there anyone who has already been through the interview who can shed some light on this?


diadromous mermaidFemale02009-06-28 17:53:00
US Citizenship General DiscussionState ID for 319(b) Naturalization
I don't believe so. The PR must be willing to declare that he or she will take up residency with the US citizen spouse in the USA, see here for more information...

http://www.ilw.com/a...0525-mehta.shtm
QUOTE (LexChloe @ Jun 15 2009, 06:55 AM) <{POST_SNAPBACK}>
Does any know if one needs to belong to a State or have State ID before the Naturalization Interview? I applied Under 319(cool.gif from overseas, I have never lived in the US.


diadromous mermaidFemale02009-06-15 16:28:00
US Citizenship General DiscussionWhen does the clock officially start ticking for residency requirements
Conditional or permanent residency, whichever occurs first
QUOTE (Rehan @ Jul 6 2009, 04:39 PM) <{POST_SNAPBACK}>
QUOTE (Tini27 @ Jul 5 2009, 11:48 PM) <{POST_SNAPBACK}>
QUOTE (lancer1655 @ Jul 5 2009, 11:41 PM) <{POST_SNAPBACK}>
Just to confirm. You can preload your application by 90 days then?

You can file 90 days before your 3rd year anniversary as a green card holder if you're applying as the spouse of a US citizen (5 years for others) You must of course fulfill the continuous residency requirement and be married and living with the US spouse for 3 years. Hope this helps!



I want to ask something. How about conditional residence. If someone comes here as a conditional residence of a US Citizen and then removes the condition and meet all other requirments, does the three year clock starts from the day you get your Conditional Green card?? OR Does the clock start from the day you get your 10 year Permanat green card??? Thanks! It's a helpful thread!!

Edited by diadromous mermaid, 06 July 2009 - 03:56 PM.

diadromous mermaidFemale02009-07-06 15:55:00
US Citizenship General DiscussionWhen does the clock officially start ticking for residency requirements
Logically, why would you think that someone that has not yet been approved as a permanent resident would or should count the time they were in the USA as time done for Naturalization? No the clock begins ticking when the individual meets all of the eligibility requirements. One of them being that they have been a PR for either 3 or 5 years, realtive to whether they are married to a USC or not.
QUOTE (lancer1655 @ Jul 5 2009, 04:50 PM) <{POST_SNAPBACK}>
In this topic

http://www.visajourn...howtopic=205825

I noticed that they seemed to be stating that the clock starts the minute the approval is made on a GC. Is this the official answer? The residency doesn't start upon arrival with intent to remain? IE a fiance, work visa etc?

I could see someone who had to wait years for a GC getting really screwed here because the time they had been in the US prior doesn't count.

Then assuming it is when the greencard is approved can you "preload" your application? IE if you know the wait is say 8 months, file a few months before your 3 or 5 year period is up?


diadromous mermaidFemale02009-07-05 16:29:00