biggish data

When 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 mermaid

Female

2009-07-05 16:29:00

N-400 Timelines

QUOTE (Mubo @ Mar 25 2008, 02:05 PM) <{POST_SNAPBACK}>

QUOTE (Gracey @ Mar 25 2008, 02:02 PM) <{POST_SNAPBACK}>

QUOTE (Mubo @ Mar 23 2008, 11:28 PM) <{POST_SNAPBACK}>

JUST FILED MY N-400. PLS WHAT IS THE LIKELY TIMELINE FOR THIS. DO YU ADVISE ME TO FILE I 130 FOR MY WIFE . WE JUST GOT MARRIED. I AM A NOVICE SO PLS ADVICE ME SO THAT I WILL NOT MAKE MISTAKE.

If you just filed your N400, you applied to be a US Citizen. I am assuming then you are a greencard holder. I would advice you to wait till you gain your Citizenship before filing I-130 for your wife. Reason being, after Citizenship she will be wife of a US Citizen and not Wife of a Permanent Resident. Big diference. As wife of a Citizen she does not have to wait for Visa Number Availability (which could take 5 years or more to see the fruits of the I-130). As a citizen's wife, she will not need to wait for a visa to be available, and the I-130 could be approved in less that a year (depending on various situations).

Hope this helps.

Gracey.

Thanks Gracey but i am of the opinion that if the i130 is approved and i became citizen , i can request to change the status of approved petition according to my lawyer but the issue now is that, if it is already sent to nvc, i might not be able to change status as a friend told me. Pls advise and help post to fellow VJs. i am a green card holder as you said since 2001 but because i only started residing in 2005, i was denied initially on ground of non maintating my resedency but am more than 30 months within now and i can file back. Thanks for more advice

QUOTE (Tammi @ Mar 25 2008, 01:12 PM) <{POST_SNAPBACK}>

QUOTE (Mubo @ Mar 25 2008, 12:57 PM) <{POST_SNAPBACK}>

QUOTE (Mubo @ Mar 24 2008, 12:28 AM) <{POST_SNAPBACK}>

JUST FILED MY N-400. PLS WHAT IS THE LIKELY TIMELINE FOR THIS. DO YU ADVISE ME TO FILE I 130 FOR MY WIFE . WE JUST GOT MARRIED. I AM A NOVICE SO PLS ADVICE ME SO THAT I WILL NOT MAKE MISTAKE.

PLS MORE COMMENT ON THIS GUYS!

What is your local office? That is the timeline you could follow. But every case is different. http://www.visajourn...howtopic=112463
Good luck.

Thanks.
Vermont

You can always upgrade a petition submitted as an LPR after the alien becomes a US citizen. My question is only this. Did you acquire PR through a former marriage? If so, I believe an alien must wait until they've been an LPR for 5 years before petitioning a spouse.

diadromous mermaid

Female

2008-03-26 21:22:00

continous/physical presence

QUOTE (mugs @ Feb 11 2009, 03:44 PM) <{POST_SNAPBACK}>

Hi,
I'm a little confused by this. I understand what continuous presence is. For example a permanent resident married to a citizen needs three years of it in order to become a citizen. Where I get a little hung up is the physical part. If the permanent resident leaves the U.S. for some periods (less than 6 months) during those three years, then does that time count against them?

Thanks for your help!

QUOTE

In general, “continuous residence” concerns the maintenance of the applicant’s residence in the United States over a period of time required by a statute, where “residence” is determined by the applicant’s principal actual dwelling place in the United States.

“Physical presence” refers to the number of days the person must physically be in the United States. Unless specifically exempt, an applicant for naturalization must satisfy both “continuous residence” and “physical presence” requirements and must have resided in the State or USCIS district having jurisdiction over his or her place of residence for a minimum of three months preceding the filing of the application.

Section 316(a) of the Act prescribes that an applicant for naturalization must have “resided continuously, after being lawfully admitted for permanent residence, within the United States for at least five years and during the five years immediately preceding the date of filing” must also have “been physically present therein for periods totaling at least half of that time.” The resulting total of 30 months is the minimum physical presence requirement for such an applicant. Section 319 reduces that requirement to 3 yrs if married to a USC
Section 319(a) of the Act reduces the required period of continuous residence within the United States from five years to three years and accordingly the required period of physical presence is reduced from 30 months to 18 months for any LPR who is the spouse of a USC.

diadromous mermaid

Female

2009-02-11 16:28:00

The Worst Happens - Denied in Montreal!!

So, I fly 3000 miles to the interview and get run around.

The woman who interviewed was basically extremely difficult. Even though we consulted NVC three times about this we were turned down because they would not consider our JOINT assets in Canada and refused to accept that although we still own a home in the US (where my wife has been for the last month) that she was domiciled there. I asked how she expected me to prove that and she had no answer.

We have SEVERAL times the necessary assets but she wouldn't listen to a single damned argument. Why is there an I-864a to take into account the immigrants assets if they won't be considered? NO WAY!! Get a joint sponsor. So off we go. I am to say the least devastated. I am trying to be cool about it but frankly it just sucks. I could have had a joint sponsor but they assured me there was no issue. On more than one occasion the NVC repeated to us that "people in your circumstance won't have the assets in the US - we understand that". Well guess what - someone doesn't. When I called NVC they were apologetic but simply stated that they give their advise based on the general guidelines but any consular officer has the right to set a higher standard if they wish.

So now we are trying to get an I-864 together this week. The consulate assures me that once they get it they will be no more than a week in processing.

I am so dismayed it is not even funny but all I can do is jump the hoop.

I wish I could join in the party but I post this so others can beware.

I know the employment climate is not good at the moment, and your wife has only been back in the USA for a month, but does she have a job or an offer for a job? Sustaining employment is one element of meeting the sufficiency test.

diadromous mermaid

Female

2006-08-09 19:18:00

K1 Marriage

Ok on a K1 you have to get married after you arrive in the USA. Is it possible to travel to Hawaii or the US Virgin Islands to get married? Can you marry outside the continental USA?
Thanks as always,
Karen

Yes, but when travelling to non-contiguous regions, there's always an outside possibility that a plane could be diverted, and land outside the USA. This is rare, but wise to bear in mind.

diadromous mermaid

Female

2006-09-16 12:22:00

Crazy lawyer!!!

So back in Early 2004 before I found VJ we hired a lawyer to do our CR-1/K3. $2500(plus filing fees), ouch!! Wife and I were busy so the lawyer was convenient, but sure not $2500 worth!! Really what do they do? She gathered us up the forms, mailed them to us, we filled them out, and she corrected any mistakes. We didn't receive any RFE's but I'm sure if we had done al on our own, all would have been fine. SO its nearly time to file the I-751, I receive an email last week that states For $1000 she will again do the paperwork. I ddon'tthink so!! lol. As wwellshe stated its not extremely hard to fill out the paperwork and many of her past clients have done so with success, BUT she didn't have much confidence in us completing it!! lol Need less to say I politely wrote her back declining her services and had found a wonderful website to assist us with the process!! $1000 to fill lout a form that takes 2 minutes!! Time to switch from Nursing to law!!

Scott

A lawyer told us that they have pro responsability in case something happens, because the gvt can also check on them; i might think that the huge amuont of money it takes some of it goes in this pro responsabiity. I believe a good lawyer or any kind of professional, a good one, evaluates first the work it has to be done in each case and makes an offer; when the case is not complicated it's not fair to ask the same amount as for somebody who's case needs more time and energy to put into.hm!...i believe those professionals are rare to find nowdays!

Hmm. There's also the malpractice insurance to consider, which I'm sure is part of the fee that is requested. An attorney, when representing a client, is exposed to the repercussions, if a mistake is made.

diadromous mermaid

Female

2006-09-16 11:35:00

Length of stay for Canadians

Thanks, Evergreen. Would you mind posting a link to the source of the above quote.

Judging by the above, it sounds like you are allowed to spend more than 6 months in the US per year as long as your specific facts and circumstances do not cause CBP to think that you are a de facto US resident.

Extending stay requires submission of an I539, if memory serves and processing of that can take from 30-90 days. So, it'd be something that would have to be submitted well in advance of the expiry date, I'd imagine.

diadromous mermaid

Female

2006-09-25 11:19:00

Other options?

If you marry your girlfirend, she will be permited in the US with a TD status. That status only allows a spouse to be in the US.. they do not have work permission.

Hmm. I was always under the impression, that if he were to marry his GF and she were to acquire a TD she can change to a temporary work status. Isn't that true? Also, since right now TN is treated much like the L and H, but this is not delineated in the INA (and therefore could be subject to change), it'd be wise to sumbit his GC application ASAP if that's what he intends to do, correct?

diadromous mermaid

Female

2006-09-27 08:54:00

Getting married with a TN-1 visa

If you have gotten Employment Authorisation Document by then, no problem. As zyggy (and I earlier) stated, you can give yourself more leeway by renewing (with penalty of August to November period) the TN-1 in August (1 month prior to the wedding).

If you get married and then file AOS, and THEN your TN expires before you have EAD and AP in hand, then you can neither work nor leave US till you have these.

Thanks again for your help.

One more stupid question:

Suppose I were to renew my visa in Aug, and get married in Sept, so my TN will still be valid at this point. Am I free to leave and re-enter the country then? The reason why I ask is because we were planning on going to the Caribbean for our honeymoon shortly after the wedding. Should I file my AOS after I get back, or should I avoid leaving the country altogether?

You would be free to enter and leave up to the wedding. I would not recommend leaving the country anytime after the wedding without AP; the licence/certificate of marriage (to USC) could cause officer to stop you entering ("immigrant intent" -- unfortunately, no room for doubt here).

Is your profession one that could be covered under H1-b?

I agree with Cherry... I would avoid leaving the US after your wedding... If you want a honeymoon to a warm destination, go to the US Virgin Islands, Puerto Rico or Hawaii..

The TN is considered for those who have no immigrant intent.. once you get married, you do have that intent and a CBP officer has the right to deny you entry to the US for this reason. I would say it's a low risk that it would happen, but if it did, it would carry a high penalty...

How would the CBP know that I got married if I haven't applied for an AOS?

Looks like we'll be going to Hawaii instead...

There's some comprehensive information about TNs on this site,
http://www.grasmick.com/canimfaq.htm

diadromous mermaid

Female

2006-09-27 11:12:00

Does anyone know what an Ordinarily resident is?

As the subject line asks... does anyone know what this is? I am applying to enter the states on the k1 visa and was reading a leaflet about Social security agreement with United Kingdom and the United States of America. And it says as I get Incapacity Benefit here it says i can also get it paid to me if I move to the states but I have to be an ordinarily resident.

Any ideas anyone??

Lina (UKC)

Such as... "as if he were ordinarily resident in the territory of the United Kingdom"? I interpret that to mean, as usual, as typical, as normally..regardless of where one is right now...

diadromous mermaid

Female

2006-08-30 11:56:00

Dual Citizenship USA/UK

I'm along way from my citizenship path, but our interviewer today at our (successful) AOS interview stated that in 3 years I can apply for US citizenship, but had to inform me that although the US recognized dual citizenship, the UK does not.
Its the opposite way around I thought, i.e. that the UK recognises you as a dual citizen, but the US does not. In the eyes of the US if you get citizenship, you are only a citizen of the USA. For the UK, you are a dual citizen, as you do not give up your UK citizenship by becoming a US citizen, unlike some other countries (e.g. Germany).

So basically if you swap "US" and "UK" in the last part of your first paragraph, it's correct.

Interesting viewpoint dr hla. In order to be sworn in as a US citizen, an immigrant must verbally denounce allegiance to another country and as such you are perceived by the US as having only one citizenship, but in the eyes of the monarch unless you formally give up the UK citizenship, you're always a British subject and therefore have "dual" nationality.

diadromous mermaid

Female

2006-08-24 17:59:00

Dual Citizenship USA/UK

I'm along way from my citizenship path, but our interviewer today at our (successful) AOS interview stated that in 3 years I can apply for US citizenship, but had to inform me that although the US recognized dual citizenship, the UK does not.

From what I had read in this forum and other sites, I thought both US and UK recognized dual citizenship - I wasn't about to argue with the interviewer - was just so happy that he granted the 10 year greencard!

Any thoughts?

Unless things have changed recently, I think the officer was confounding terminology. It isn't a case of not "recognising" dual citizenship, but rather that a country passively ignores other countries' claims on its citizens.

For comprehensive information on dual citizenship issues, have a look at Rich Wales' site:
http://www.richw.org/dualcit/

diadromous mermaid

Female

2006-08-24 15:27:00

Green card expiry, what to do?

A friend wants to know what happens now that his green card has expired some 1 yr ago? He now wants to have the green card renewed and then apply for citizenship, what is the way forward? Thanks....

How did he acquire the green card?

diadromous mermaid

Female

2006-09-24 21:33:00

Speeding ticket and upcoming Naturalization filing .....

Hello everyone!
Thank you very much for your replies.
I have just found out the reason why i went to court.
The ticket was unpaid yet and the reason why we went to court is for to plead guilty and not to have the speeding ticket on my driving record .As i wouldnt go to court the speeding ticket would be recorded and my insurance would go up .The case is gonna be dismissed in a 4 monht if i am not gonna get wny more speediong tickets.For the present time the ticket is not on my record.
In Colorado u dont have to go to the traffic school for the first speeding ticket .
Also ive been told that its very bad to get a speeding ticket in Colorado as they charge 4 points and after certain multiple speeding violation time the drivers license may be revoked.
I do hope that the speeding violation is not gonna impact on the Citizenship process.
Best wishes.

It shouldn't, alone, impact the naturalisation process, but there are questions on the form N400 where you will have to note that you received the citation.

Edited by diadromous mermaid, 07 October 2006 - 08:02 PM.

diadromous mermaid

Female

2006-10-07 19:59:00

Just Courious....

dammit - why do I ALWAYS fall for it? I had the same thought - any good lawyer would be able to find a quick, simple answer to this question. But then I thought, maybe she's a criminal lawyer or something like that and just didn't feel like checking. . . UGH - this is getting embarrasing.

I seriously doubt an attorney working on a child custody issue within the Foster Care system would also be an immigration attorney

diadromous mermaid

Female

2006-10-13 22:32:00

Expedited naturalization, 319(b)

Have a query about expedited naturalization , section 319b
Would like to discuss it with an expert here or someone who obtained his/her
naturalization by sec 319b

Thanks

Section 319b of the INA allows for an alien whose US citizen spouse is regularly stationed abroad to qualify for naturalisation without residing in the USA for 3 years. Generally, it is available to individuals that are married to someone stationed abroad either with a US company, or an international organisation, (can be religious) that has a presence in the United States. The condition "regularly stationed" abroad is indicated to mean that the US citizen spouse will be abroad for at least a year from the time of alien's interview. Another requirement is that ultimately the alien and US citizen intend to reside in the USA after the overseas assignment is complete.

Here's an explanation of the eligibility;

http://www.ilw.com/a...0525-mehta.shtm

diadromous mermaid

Female

2006-10-15 09:37:00

n400 question regarding living aboard with spouse

Hello everyone

I have a question regarding my n400. I filed the app this past summer and am awaiting back a response and I believe i have no *tricky things* that could get me denied...pretty clear cut case I think.

Also this fall I got married to non-USA citizen and non-green card holder. Currently I am living with him...not in the US. Of course I am a green card holder now and know that I have return to the US before 6months time (or least this is what I know...laws change all the time so...) to retain my 'resident alien' status...

We are not sure yet if we will (ever) for him for live in the US, we feel pretty great where we are now...

but I would like to gain the US citizenship just since I went through the whole immigration process for several years and would like to feel I went through for *something*...also ya never know might come in handy someday. So basically I have 2 questions here:
Is there any way to stay aboard longer then 6months without reentering the US without risking losing resident status?
If I am away from the US up to 6months, how will this affect my n-400 case?
Thank you all for any input in this matter...

Maintaining Permanent Residence
You may lose your permanent residence status if you commit an act that makes you removable from the United States under the law in section 237 of the Immigration and Nationality Act. If you commit such an act, you may be brought before the immigration courts to determine your right to remain a Permanent Resident.

You may be found to have abandoned your permanent resident status if you:

Move to another country intending to live there permanently.
Remain outside of the US for more than one year without obtaining a reentry permit or returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Remain outside of the US for more than two years after issuance of a reentry permit without obtaining a returning resident visa. However in determining whether your status has been abandoned any length of absence from the US may be considered, even if it is less than one year.
Fail to file income tax returns while living outside of the US for any period.
Declare yourself a ?nonimmigrant? on your tax returns.

When you applied for naturalisation, was it on the basis that you were a permanent resident for 5 years (application submitted 90 days prior) or on the basis of a former marriage to a US citizen?

Residence and Physical Presence
An applicant is eligible to file if, immediately preceding the filing of the application, he or she:

has been lawfully admitted for permanent residence;
has resided continuously as a lawful permanent resident in the U.S. for at least 5 years prior to filing with no single absence from the United States of more than one year;
has been physically present in the United States for at least 30 months out of the previous five years (absences of more than six months but less than one year shall disrupt the applicant's continuity of residence unless the applicant can establish that he or she did not abandon his or her residence during such period)
has resided within a state or district for at least three months

diadromous mermaid

Female

2006-10-19 08:22:00

Mother-in-law's Citizenship Rejected Twice ...Reason Medical Problem

Hello Guys,

Hope someone gives us an advise on this situation. Let me explain it to you first.

My Mother-in-law, who is paralized (had Stroke) and she forget almost everything. My wife applied for her citizenship first by herself, they filled out the form and everything and at the time of interview, Officer said they need spcial code from doctors. Now the thing is my wife went to my MIL's doctor prior to the interview and filled out the medical form by doctor, Even doctor doesn't know the code. My wife called citizenship dept and no reply from there side.

Again my wife applied through Attorney she charged around 700 USD. Did the same thing again. This time attorney went with my MIL and the same reson for rejection that you need a special code from the doctor. Even the attorney didnt do anything. Officer told them that now either they can appeal or reapply. They said they will mail some papers and now it almost 6-7 months my wife didnt receive single paper from them.

Now question is What the hack is that code? Anybody knows any doctor in Dallas area who can help us out?

Your help will be greatly appreciable.

Thanks,
K

Have a look at form N- 648

http://www.uscis.gov...files/N-648.pdf

It offers instructions for the medical evaluation:
A clinical diagnosis and description of the applicant's disability and/or impairment(s) and any applicable DSM-IV codes for each mental impairment (Part II. 2);
An explanation of the connection between the impairment(s)and the applicant's inability to learn and/or demonstrate knowledge of English and/or civics (Part II. 3); and
A professional certified opinion whether the applicant is unable to learn and/or demonstrate knowledge of English and/or civics (Part II. 4 and 5).

Edited by diadromous mermaid, 24 October 2006 - 07:48 AM.

diadromous mermaid

Female

2006-10-24 07:46:00

Residency requirement for naturalization?

diadromous mermaid,

Come on - it may be long, but it's well written and easy to understand.

Yodrak

BostonChick,

See the Guide to Naturalization on the USCIS web site.

Yodrak

Or, for the faint of heart, that can't wade through it...

......

Sometimes, volume and length, alone, give people the goosebumps...

diadromous mermaid

Female

2006-10-03 18:36:00

Residency requirement for naturalization?

ok it ses 3 month process Diddie, howver, my question is,...you are there where you live, you fullfilled all the residencey requiremenets pertaining to the state that you live/lived in.

You have your interview there, get approved, and all you have to do is take the oath,

But have to move to another state.....can/do they just transfer your file to where you move to so you can take the oath in the new state that your in???

I'd sense it could delay matters to transfer the file to another district, simply for an oath ceremony. Unless your new location makes it practically impossible to go back, I'd consider a trip back would be best. I'm not sure if this is still followed, but USCIS used to give the naturalising alien a choice ~ either to be sworn in at an oath ceremony, or in federal court. Might wish to ask if the trip back won't work for you.

diadromous mermaid

Female

2006-10-02 10:21:00

Residency requirement for naturalization?

BostonChick,

See the Guide to Naturalization on the USCIS web site.

Yodrak

Hello fellow forumers,

I am wondering about a couple of things

1) Does one has to be physically present in the US to submit their citizenship papers and all the way through the naturalization process? (i.e. apart from having to be here to do the fingerprinting, obviously)
2) Does one need to have spent X numbers of days/months in the US immediately preceding their application? (I had heard something like 90 continuous days in the US immediately preceding the mailing date...)

The situation is the following: I expect to be able to apply for naturalization next December. However, at the same time, I plan on starting a Masters degree abroad in September. I would like to find out if there are any problems with this timing - i.e. what do you think???

Thank you in advance!!!
Boston Chick

Or, for the faint of heart, that can't wade through it...

Residence and Physical Presence

After being admitted for permanent residence, an alien must have least five years permanent residency just before filing an application for naturalisation with the Service, unless married to a United States citizen (wherein three years is acceptable)/

At least the last three months of that five (or three) years' residence, immediately before the filing of the application, must also be residence in the State or Service district where the application is being filed.

The applicant is not obliged to stay in the United States during every day of the five-year (or three) period. Short visits may be made outside the United States, either before or after applying for naturalisation, and may include as part of the required five (or three) years' residence the time absent.

BUT
a. he or she must not be absent for a continuous period of one year or more
and

b. he or she must not be outside of the United States for a total of more than 30 months during the last five years; alternatively 18 months out of the prior 36 months (for married to US citizen applicants).

Generally, if the applicant is absent for one year or more at any one time during the five-year period just before filing the application, he or she breaks naturalisation residence and must complete a new period of
residence after returning to the United States. This means that he or she will have to wait at least four years and one day after coming back before he or she can be naturalised. Furthermore, if during the five-year period he or she has been absent for a total of more than 30 months, he or she will have to stay in the United States until he or she has been physically present for at least a total of 30 months out of the last five years just before filing an application for naturalisation.

Edited by diadromous mermaid, 19 September 2006 - 11:16 AM.

diadromous mermaid

Female

2006-09-19 11:15:00

Confused about staying long outside the US ..

Response:

1. He will be eligible when he has spent 5 years actually in the US without
a one year break outside the US.
2. Yes, every day spent outside the US counts against him. So he'd need to
have his green card no less than 6 years four months, if he does not leave
the US again.
3. Only if you spend more than one year in the US is an LPR in real risk of
loosing his LPR status.
4. Assuming he qualifies for Citizenship you can based on point 1-3 above he
can apply up to 90-day early.

For further information you can contact the law offices of Chris Ingram at
wwww.breakthroughusa.com.

There are twin conjunctive requirements in order to meet eligibility for naturalisation. One is physical presence must equal 30 of the 60 months of PR in the aggregate, the second, continuous presence, is that an alien must not break continuiity with an absence of more than 6 months.

diadromous mermaid

Female

2006-11-02 10:05:00

Have Greencard - left USA for family emergency

Response:
If you leave the US without returning for a period of
six months - to one year there's is a presumption that you have in fact
abandoned your green card and your green card could be deemed void.

This is not in accordance with the infomation in the INA. An PR can leave the us for a period of 6-12 months, and still preserve his or her PR status, as long as efforts are taken to preserve residency. However, an absence of 1 -2 years, would require a re-entry permit, applied for before leaving

diadromous mermaid

Female

2006-11-02 09:40:00

Apply for Citizenship while condition is being removed?

Response:

You have to wait until the condition is removed before applying for
citizenship because what if USCIS ultimately deemed that the marriage was
bogus, how could they justify giving that person citizenship. Once the condition is removed by all means apply for citizenship.

For further information you can contact the law offices of Chris Ingram at
wwww.breakthroughusa.com.

I don't agree. In my opinion, the requirements for naturalisation are clearly detailed in Section 316 and 319 of the INA. Permanent residency, is permanent residency. There are many cases where the I751 is adjudicated at the same time as the N400. Once one has the 2.9 years of PR, as long as one has been married to a USC for 3 years and the spouse has been a USC for all of those 3 years, and all other requirements relative to naturalisation are met, one is not restricted from applying to naturalise just because the I751 has not yet been adjudicated. I wonder if Chris can provide a link to the INA where is states that one requirement for naturalisation is that a conditional PR have successfully removed conditions?

diadromous mermaid

Female

2006-11-02 09:48:00

Apply for Citizenship while condition is being removed?

Thanks! This answers my question. Do you know if this is documented somewhere (officially on the USCIS site)?
I don't know about that, but there are a thousand and one personal experiences on the topic posted here: http://britishexpats...a...prune=&f=35

It used to be a VERY common occurance.

http://www.murthy.co...s/UDconres.html

diadromous mermaid

Female

2006-09-30 11:26:00

Apply for Citizenship while condition is being removed?

Since the wait is SO LONG to remove the conditional status on his green card, can we apply for citizenship at exactly 2 years and 9 months? Or do we have to wait until he gets the condition removed and gets a new green card before applying?

Thanks!

No. You don't have to await approval of the I-751. When you become eligible for naturalisation and submit the N-400, if the I-751 has not yet been adjudicated by the time of your naturalisation interview, the AO will adjudicate the I-751 first and then the N-400 afterwards. In other words, both will be decided at the same time. Often, applying for Naturalisation forces adjudication on some of the I-751's that have become "stuck" so to speak.

diadromous mermaid

Female

2006-09-17 19:50:00

Short Version.

His current issues are nonthing to do with her, time to move on with her life.

Not necessarily. If he filed for bankruptcy, it's conceivable that she may indeed be implicated. What is nort dischargeable through the bankruptcy proceedings could be attributed to her, if the bankruptcy occured while they were married. IRS is a good example, especially is they filed jointly as married. Worth a call to a lawyer to make sure she is in any way responsible for any of his debt.

diadromous mermaid

Female

2006-11-03 18:19:00

Well yes, it's appalling, which is why I think she should definitely report him.

Personally, without this latest information, I would have been inclined to question whether or not there was enough in the simple abandonment to demonstrate a preconceived intent to marry. acquire immigration benefit and then disappear, especially after some years of marriage and the alien being well into the conditional permanent residency timeframe.

Knowing that he attempted to feign his own death to his spouse, when if his interest was simply to bring a legal end to the marriage, could have been achieved quite simply by initiating divorce action. So, in my eyes it does change the complexion somewhat, with the facts given. I suppose there could be any number of motivations that would drive an individual to go to such lengths, and not all of them with a specific eye to gain immigration benefit. I don't know what to make of it, but since there are a number of very unothodox events that have occured (forgery, disappearing, and the whole fabricated death situation) perhaps your friend is wise to make a clear, factual accounting of the events, absent emotion, and present it to USCIS and ICE. They surely have seen all sorts of machinations to evade immigration laws, and if this represents that, they'll follow up.

diadromous mermaid

Female

2006-10-31 22:17:00

I think the receipt notices were dated end of last year and he up and left in February of this year.

He doesn't know she knows where he is. He abandoned their marriage which is how they divorced.

Something doesn't compute for me. Perhaps I missed some detail. In order to meet the eligibility requirement for naturalisation, he had to have been in a viable (?) marriage for at least 2 years and 9 months. And abandonment as a grounds for divorce, I believe is one year, perhaps it could vary from state to state. Which means that shortly after receiving her signature, he disappeared, stayed AWOL for at least one year, prior to the divorce being possible. What am I missing?

I agree that forging her signature is not only wrong, but illegal, but once again, this buffoon is now out of her hair, and he'd qualify for naturalisation in another two years, regardless. As I see it, there's not sufficent evidence (at least not shared) for a finding of fraudulent intent.

I think what happened is that he left, then had a friend call and tell her he died. They were married I believe for more than 5 years. Does that change something?

Does it change something? Indeed, it's appalling! To feign one's death, and to what end? As far as immigration goes, I can't say, but it certainly makes me wonder more about his motivation, yes.

diadromous mermaid

Female

2006-10-31 21:58:00

I think the receipt notices were dated end of last year and he up and left in February of this year.

He doesn't know she knows where he is. He abandoned their marriage which is how they divorced.

Something doesn't compute for me. Perhaps I missed some detail. In order to meet the eligibility requirement for naturalisation, he had to have been in a viable (?) marriage for at least 2 years and 9 months. And abandonment as a grounds for divorce, I believe is one year, perhaps it could vary from state to state. Which means that shortly after receiving her signature, he disappeared, stayed AWOL for at least one year, prior to the divorce being possible. What am I missing?

I agree that forging her signature is not only wrong, but illegal, but once again, this buffoon is now out of her hair, and he'd qualify for naturalisation in another two years, regardless. As I see it, there's not sufficent evidence (at least not shared) for a finding of fraudulent intent.

diadromous mermaid

Female

2006-10-31 18:38:00

At this point.. it's just better to leave it be... it's actually better if he does get his Citizenship at this point in time because it will get her off the hook for her Support requirements.

I would talk to an attorney and get divorce proceedings moving... but the immigration aspect is his problem.. not hers...

I believe they are divorced legally as he abandoned her. I don't know if she has any idea where he is in immigration at this point.

So you think she should just leave it? He stole her birth certificate and forged her name and signature on application... I guess I would want to report him at least.

Karma can come back and get you though too.

Thanks for your help!

Sarah

Thanks Yodrak, you're probably that they might not be too concerned about a specific individual. I gues sit's up to her to decide what she wants to do with it.

Sarah,

I suppose that she could notify her local USCIS District or Sub office, or the Service Center that processed his N-400.

The more appropriate entity to contact might be USICE. "To report any suspicious activity please call 1-866-347-2423. Emailed reports of suspicious activity or "tips" are not accepted at this time." But I suspect that ICE is way too busy with more significant issues than a random individual.

Yodrak

I have a friend who was married to a foreigner that she met in the US and married several years ago.

He ended up leaving her and pretty much dissapearing all of a sudden.

She discovered that he had hidden his naturalization papers in their house. He had told her that he had not done anything or received anything from INS related to naturalization. She found receipt notices and biometrics appointment letters. She said he stole her BC and forged her name and signature as her name was on fa orm or maybe a receipt notice that he had been sent. She never knew he was naturalizing so it seems that he commited fraud by using her BC and forging her signature.

What should she do? She knows he's in the US but not where exactly and he has not contacted her since he "dissapeared".

She wants to report him to USCIS... who should she contact? I have no idea what happens at the naturalization level so would she contact USCIS or who?

Thanks!!

Sarah

As to the forgery, was it that they were already divorced at the time he forged her name on the application, because that would mean that he acquired citizenship through misrepresentation, and the act itself is a violation of law? As to the marriage ending prematurely, then what evidence does she have that his intent at the point of marriage was to simply get residency?

BUT, unless she has proof, I have little doubt that it will go far. I am inclined to agree with zyggy. She is no longer obligated upon naturalisation and that is an important issue.

diadromous mermaid

Female

2006-10-31 18:02:00

N-400 NOA question

I received today in the mail a series of NOAs. First of course, receipt notice of my petition (finally...took them long enough) and second NOA stating "Missing Evidence- Your applications was missing evidence(s) that you need to provide at the time of your naturalization interview."
I am wondering what this could possibly mean...I have looked over my application copy and I know I filled out every single line, sent the fee and sent a copy of my GC. I did not read anything else in the instructions... does anyone know what I missed? And if this will slow down my petition?

Thank you very much.

Documents needed to submit along with application for Naturalization (N-400):

Each applicant for naturalization SHOULD submit the following along with their naturalization application:

[1] Cover letter: Though submitting a cover letter along with your naturalization application is not necessary, however it is highly recommended, wherein applicant should explain briefly about the basis of his/her eligibility for naturalization, such as whether applicant is filing the application under 3 yrs rule being a spouse of USC or under 5 yrs rule, or under any other eligibility in the law.

[2] Copy of front and backside of green card. It must be a very clear copy so that information could be read very clearly from there.

[3] Two identical colored photos: applicant’s full name and A# should be written by light pencil in the back and taken within 30 days of filing the application.

[4] Check or money order for the right amount of the processing fees for the application.

[5] Divorce/Annulment Decree, if applicable.

[6] Certified Court record(s): If you ever been arrested or charged for a crime, then you must need to send certified copy of the disposition of your case to USCIS.

[7] Status Information Letter from Selective Service: If you are a male, who was required to register with Selective Service, need to send Status Information Letter.

The following additional items MUST be submitted if you are applying as a spouse of a U.S. citizen:

[1] Proof that your spouse has been a U.S. citizen for more than three years, such as birth certificate, naturalization certificate, certificate of citizenship, or U.S. passport.

[2] Your marriage certificate.

[3] Proof of termination of ALL prior marriages of both- you and your spouse (if any).

[4] Birth certificates of your children, if any.

[5] Tax returns

diadromous mermaid

Female

2007-01-27 08:55:00

Is it worth it?

Great answer kezzie--the main reason i'm cosidering it now is because they keep extending my 1-551 WITHOUT REMOVING CONDITIONS for no reason. it looks like i'm going to be eligible to apply for citizenship before my conditions are removed. See my recent post in the removing conditions forum for more info.sigh.

inheritance tax laws
social security survivor benefits rules
address change reporting
restriction of some government jobs
can be deported for some crimes (not everyone who gets convicted was guilty)
release of sponsor/cosponsors from financial responsibility

i had forgotten about the address change reporting. That's definitely one to consider. Especially since the system doesn't seem too great. i'm not too worried about the government jobs thing, i looked up the criminal deportation thing--i figure if i'm convicted of one of those crimes being deported will be the least of my problems. I'm interested in learning more about the inheritance tax laws and ss survivor benefits. Any good links? As for releasing my sponsor from financial responsibility? he'd be much worse off if he didn't have me around, so i feel no guilt there. I bring in the big bucks!

J

Even though the non-U.S. citizen may have resided in the United States all of his or her life, certain tax consequences stem from the simple fact that the individual is not a U.S. citizen. In addition, certain countries, such as the United Kingdom, have a long-term tracking system for their former residents.
Under U.K. inheritance tax law a U.K. citizen could reside in the United States for ten or fifteen years without being deemed to have renounced U.K. domicile for inheritance tax purposes by adopting what U.K. law terms a new “domicile of choice” in the United States. The United Kingdom imposes its inheritance tax on the worldwide assets of its residents at a flat rate of 40% on the amount of the decedent’s net taxable estate that exceeds $350,000. This compares unfavorably with a U.S. exclusion amount of $1 million (beginning next year), increasing to $3.5 million in 2009.

The U.S. estate tax is imposed on the estates of U.S. citizens and residents at rates that vary from 18% to 55%. For a U.S. citizen or resident, the current credit against estate tax is sufficient to allow the decedent to transfer to a non-spouse $675,000 (termed the “exclusion amount”) in 2001. The exclusion amount will increase to $1 million for estates of decedents dying in 2002-2003, $1.5 million for estates of decedents dying in 2004-2005, $2 million for estates of decedents dying in 2006-2008, and $3.5 million for estates of decedents dying in 2009. The estate tax is set to be repealed in 2010, only to be reinstated at its current rates in 2011 for federal Budget Act reasons.

In addition to an increase in exclusion amount, the highest rates of the estate tax will be reduced progressively from 49% in 2003 to 45% in 2007-2009. Under domestic law, an estate tax credit at the level sufficient to exempt $675,000 in assets in 2001 is allowed only to U.S. citizens and non-U.S. citizens who are
domiciled in the United States for estate tax purposes. The exclusion amount for a non-U.S. citizen who is not domiciled in the United States generally is only $60,000.

The Internal Revenue Code increases the estate tax credit for nonresident aliens when a treaty requires some form of equality of treatment. The credit is then increased to an estate tax credit that exempts the amount of net worth set forth above (the “exclusion amount”) pro rata to a fraction, of which the value of U.S.-situs property is the numerator and the worldwide gross estate is the denominator. Nevertheless, to claim a credit that will exempt more than $60,000 in assets, the decedent’s heirs must file with the IRS a
detailed description of the decedent’s worldwide assets determined and valued under U.S. estate tax rules, a task many nonresident heirs are willing to forego rather than claim a slightly increased U.S. exclusion amount. This means that your non-citizen client may have a taxable estate at merely $60,000 in U.S.-situs assets merely because the client has non-resident status for U.S. estate tax purposes.

As is rather well-known, transfers between spouses at death qualify for the unlimited marital deduction for estate tax purposes. Nevertheless, the unlimited marital deduction will not apply to transfers made by a U.S. person to a spouse who is not a U.S. citizen. For a transfer from a citizen decedent spouse to a noncitizen surviving spouse to qualify for the estate tax marital deduction, the transfer must be made into a special trust (termed a “Qualified Domestic Trust,” or QDOT) to preserve the right of the United States to tax the amount in the trust upon the death of the surviving spouse.8 The QDOT instrument must provide that any distribution (other than one based on the surviving spouse’s financial hardship) from the QDOT trust will be subject to the federal estate tax at the highest marginal rate that would have applied to the additional
amount transferred by the U.S.-citizen decedent to the non-U.S.-citizen decedent. This means that special drafting is required whenever a non-citizen spouse’s estate plan is being prepared in your office, unless you have documentation in your file that the decedent will not have a taxable estate.

.

www.vtbar.org/ezstatic/data/vtbar/journal/dec_2001/Newman.pdf

diadromous mermaid

Female

2006-10-16 12:06:00

Advice for a friend

Well his wife is there illegally. She is overstayed by 2 friggin years!

Sounds more and more like she is hedging her bets that the US born child will help her to remain, perhaps this was the initial intent of the visit after all!

Edited by diadromous mermaid, 31 January 2007 - 09:08 PM.

diadromous mermaid

Female

2007-01-31 21:07:00

Advice for a friend

Greetings all. I am writing on behalf of a cousin of my wife. She came to the US on a visitors visa but remained after it expired. She was pregnant upon her arrival into the US and gave birth to her son there. The father is not in the US and continues to live in the home country of his birth. She is trying to become a legal citizen of the US. Is that even possible? If so what would be her course of action? I am thinking that because she over stayed her visitor visa, they wont allow her to become a citizen. But then we have her child that was born in the US. Any information on her situation would be greatly appreciated. Thanks everyone!

orimai

Yeah I kind of figured there is not much hope. I think she is going to try and file an adjustment of status. It's hard to tell her those things because she is my wife's cousin and I really don't know allot about all of this stuff. One thing I forgot to mention was that her mother is in the US as a legal resident and it was because of her that she was able to come visit in the first place. Not sure if that would have any effect on her situation or not?

orimai
First: why would you, or she, think she can become a citizen? One must begin as a Permanent Resident first.

Second: on what basis does she plan to apply to adjust status? Ask her which category she fits at the beginning of the application.

Her mother can not petition for her for an immediate immigrant number.
Her child can not petition for her until the child is 21 years old.

She needs to go home, or live here illegally. Unless she has some other basis for immigrating, she is wasting her money and time to apply for benefits.

Agreed. She has no basis for adjustment and would be resigned to remain illegally and would be subject to removal if discovered. I hope this wasn't a case of the "anchor baby" angle.

diadromous mermaid

Female

2007-01-30 18:49:00

Does minus 1 day really matters in signing the N-400??

Thanks guys ! It makes me feel better now
Sincerely.
Best wishes

Did you counted the 90 calendar days? Or did you just took 3 months? I don't think it matters too much but I am curious. I will be eligible to apply the 11th of August if I count 90 days, but the 8th if I take 3 months. I know it doesn't seem like a big deal to wait just 3 extra days, but to me it is, I would like to get this done as soon as possible, possibly around the 7th or the 8th of August I plan to submit my application...
Last year I applied for the removal of conditions on the 7th and it didn't matter.

Would this matter for citizenship or might they reject the application if it is a few days early?

If regulations with regard to eligibility stipulate 90 days, then 90 days it is. Frankly, there's logic to requesting that an alien file 90 days prior instead of 3 months prior. If it were specified 3 months then dependent upon at what time of the year an alien qualified to file, there would be soime disparity. February as we know has 28 days some years, 29 others, while October has 31 days always.

diadromous mermaid

Female

2007-02-08 10:07:00

US Citizenship Card Questions...

Hi Everyone,

Good luck on your immigration journeys. I was just curious, even though I don't become a US Citizen for another 2 years or so, but I had to ask:

"Is there such a thing as US Citizenship Card? If so, what does it look like? What kind of information is needed on it? What kind of information does it contain? Is it kind of like a Green Card, or does it have more or less information on it? Does it have to be renewed and/or have an expiry date?"

Just curious. Thanks.

Ant

The process of becoming a citizen when one has not been born in the USA is referred to as Naturalization. As such, a Certificate of Naturalization is issued to demonstrate that an alien has now acquired US citizenship. Thereafter a US passport can be secured. The certificate shows an image of the alien, the date he or she was Naturalized, the A number, location that the swearing in ceremony was held, there's a US judge's signature and one of the Director of Homeland Security, as well, if memory serves me well. There is no expiry date, and nothing more need be done to maintain the citizen status, except making sure the individual does not commit a wrong for which he or she could be stripped of citizenship!

The certificate is sizable and should be kept in a safe palce as warlord said. The passport is used to enter the country as a USC.

diadromous mermaid

Female

2007-02-22 08:51:00

US Citizenship by Birthright?

Perhaps this is not the proper forum for posting this question, but then again, it does say "General Discussion"...

A little bit of background...

I was reading in the K1 Visa forum, as we (My Kansan Fiancee and I) are pursuing a K1/K2 Visa, and a poster in the K1 forum had twigged me onto a very interesting fact, of which I have since done some research on, particularly the 14th Amendment of the Constitution, that if someone was born on US soil, territory or controlled area, they are immediately US Citizen's by birthright ("jus soli") (Thanks, HUSKERKIEV!!!).

I am a Canadian citizen, but I was born in Fontainebleau, France by Canadian parents, my father was in the Canadian Forces in France with NATO before NATO was booted out of France in '67.

But, and this is the interesting fact... I was born in a US Army Dispensary!!! I guess I couldn't wait to come out, and they had to go there for the delivery . I take it this means that this is "a little piece of US"???

Now the only documentation that I have of this is a very old US form (4 copies by carbon paper, top of which is the original) titled: "REPORT OF CHILD BORN ABROAD OF AMERICAN PARENT(S)". However, the "AMERICAN" is "X"ed out and CANADIAN is typed above it. It is documented on the form that the Place of Birth is "US Army Dispensary, Fontainebleau, France" and signed by both a REGISTRAR and ATTENDING PHYSICIAN who are officers of the US Military (1st LT MSC and CAPT MC).

So, I'm looking for opinions, based on this facts above:

1. Am I a US Citizen by birthright? Is this enough documentation to go forward with this to the Consulate?

2. Are there others that have been in a similar position? If so, have they followed through becoming US Citizens? What was the outcome?

3. I take it that if I am, my boys would automatically get US Citizenship?

What this comes down to, is that it would be kinda pointless to pursue a K1/K2 Visa if I can just go the Citizenship route.

What are all you galls' and guys' thoughts on this?

How do you believe "e" pertains if your parents were Canadian?

INA: ACT 301 - NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH

Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth:

(a.) a person born in the United States, and subject to the jurisdiction thereof;

(b.) a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe: Provided, That the granting of citizenship under this subsection shall not in any manner impair or otherwise affect the right of such person to tribal or other property;

(c.) a person born outside of the United States and its outlying possessions of parents both of whom are citizens of the United States and one of whom has had a residence in the United States or one of its outlying possessions, prior to the birth of such person;

(d.) a person born outside of the United States and its outlying possessions of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year prior to the birth of such person, and the other of whom is a national, but not a citizen of the United States;

(e.) a person born in an outlying possession of the United States of parents one of whom is a citizen of the United States who has been physically present in the United States or one of its outlying possessions for a continuous period of one year at any time prior to the birth of such person;

(f.) a person of unknown parentage found in the United States while under the age of five years, until shown, prior to his attaining the age of twenty-one years, not to have been born in the United States;

(g.) a person born outside the geographical limits of the United States and its outlying possessions of parents one of whom is an alien, and the other a citizen of the United States who, prior to the birth of such person, was physically present in the United States or its outlying possessions for a period or periods totaling not less than five years, at least two of which were after attaining the age of fourteen years: Provided, That any periods of honorable service in the Armed Forces of the United States, or periods of employment with the United States Government or with an international organization as that term is defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288) by such citizen parent, or any periods during which such citizen parent is physically present abroad as the dependent unmarried son or daughter and a member of the household of a person (A) honorably serving with the Armed Forces of the United States, or (B) employed by the United States Government or an international organization as defined in section 1 of the International Organizations Immunities Act, may be included in order to satisfy the physical-presence requirement of this paragraph. This proviso shall be applicable to persons born on or after December 24, 1952, to the same extent as if it had become effective in its present form on that date; and

(h.) a person born before noon (Eastern Standard Time) May 24, 1934, outside the limits and jurisdiction of the United States of an alien father and a mother who is a citizen of the United States who, prior to the birth of such person, had resided in the United States. 302 persons born in Puerto Rico on or after April 11, 1899

diadromous mermaid

Female

2007-02-24 17:34:00

Citizenship eligiblity

The text claimed...

Generally, certain lawful permanent residents married to a U.S. citizen may file for naturalization after residing continuously in the United States for three years if immediately preceding the filing of the application:

the applicant has been married to and living in a valid marital union with the same U.S. citizen spouse for all three years;
the U.S. spouse has been a citizen for all three years and meets all physical presence and residence requirements; and
the applicant meets all other naturalization requirements.

Prior to AOS being approved, would you say a K3 applicant is already a legal permanent resident by definition?

Of course someone is not a legal permanent resident before AOS is approved. I hope I didn't imply otherwise. But a person certainly may reside in the US before AOS is approved, at least if you interpret the word "reside" in its ordinary English dictionary sense.

The point is, the quoted text only says you must be a lawful permanent resident at the time of filing for citizenship. It says nothing whatsoever about how long you must have held that LPR status. I think we agree that the law and the guide to naturalization both say the LPR status must have been held for three years, but I don't see that requirement expressed anywhere in the quoted text, unless I re-interpret the meaning of "residing continuously" to mean something like "residing continuously with LPR status". I'm just pointing out that the quoted informal description doesn't precisely say how long a person must have held LPR status.

Yes, I see where you are going with that...
...unless you consider the "catch-all" at the end of the citation! :lol:

and the applicant meets all other naturalization requirements.

diadromous mermaid

Female

2007-02-27 07:33:00