ForumTitleContentMemberSexCountryDate/Time
US Citizenship General DiscussionCitizenship eligiblity

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The text of the quote is graphically clear! Nothing implied, nothing subject to interpretation, nothing keyed to the word "residing" either ;)

Generally, certain lawful permanent residents

diadromous mermaidFemale02007-02-26 15:08:00
US Citizenship General DiscussionCitizenship eligiblity

The key is in that word "residing". It appears in the informal text above, the term "residing" must mean "being a lawful permanent resident". If you interpreted in the ordinary English sense, meaning "maintaining one's house or apartment", then you'd come to an incorrect conclusion.

The actual text of the law is more clear on the matter.

The text of the quote is graphically clear! Nothing implied, nothing subject to interpretation, nothing keyed to the word "residing" either ;)

Generally, certain lawful permanent residents

diadromous mermaidFemale02007-02-24 17:14:00
US Citizenship General DiscussionConfirm my suspicions?

But, I think I could argue that you two *were* in a valid marital union before Lucy's arrival because she could not have come without one!


Yep, I think that may be a valid argument, and if pressed against a wall, I'd certainly make that argument loudly and furiously. But we're not pressed against a wall. Given that the choice is whether to file 90 days early and risk an unfavorable finding, or wait 90 days for clear and unambiguous eligibility, I think we know what to do.

But I'd probably change my mind if I found a clear example where the USCIS handled a case like ours favorably.

Worse yet. I found your case.. I'll let you read it because my head's ready to explode: http://tinyurl.com/yuwtpn
Both our arguments are in there, I didn't look to see which side won.


Yep, I found the case, too. I read it, and concluded that the facts were too far different from ours for me to draw a relevant conclusion. But FWIW, Maduno lost. They decided his marital union was broken and he wasn't eligible for naturalization.



Hmmm... I tend to think your being too narrow in your definition of "marital union". Let's see....

(B) Marital union--(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.


Ok...seems clear to you that this means living in the same house, right? Well, not necessarily to me. Sometimes what is ommitted is key. Let's propose that there is a person that maintains his permanent address is in the city where his or her US citizen spouse lives and in their 'marital home', but the alien intent on naturalising is currently working in another city. The alien meets all presence tests, has no requirement to change his address and is legally married, although he and his wife are not living toegther under the "same" roof. The alien should be eligible, after all, he or she has met all the requirements per INA 319.

Reading this again....

(B) Marital union--(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

Note the last sentence. It would, in my opinion, be the alien's responsibility to meet the burden of proof that the marriage was in place and viable whilst the parties lived in separate residences.
diadromous mermaidFemale02007-04-23 12:22:00
US Citizenship General DiscussionWhen an Imigration Officer seems confused

What you should do is to obtain the evidence listed within the 8 requirements. If you don't do that, you'll be wasting your time coming to VJ for help.

Actually, if USCIS issues an N-14 and the alien returns the information incomplete, or does not address all the requirements, the case will be headed for a denial. If you really believe that this request is out of order, consult an immigration attorney to assess your options.
diadromous mermaidFemale02007-02-24 17:06:00
US Citizenship General DiscussionDisability and Citizenship

I was just wondering something...

My father-in-law recently sent off his application along with my mother-in-law's.... he wanted to beat the fee increase...

he sent in a disability application for my mother-in-law because she had a stroke a few months back and can't speak or eat or write etc....

does she just automatically get citizenship or does it depend on if my father-in-law gets citizenship?? or does she need to go to an interview etc....???


just for clarification they have been permanent residents for years and years...




I am not sure how they might handle an application from an alien that is so severely incapacitated, but I was quite pleasantly surprised to find out that USCIS will come to your home to conduct an interview and perform testing for Naturalisation. :D
diadromous mermaidFemale02007-07-31 10:18:00
US Citizenship General DiscussionCan USCIS come to one's home for the citizenship interview if candidate is temporarily disabled?

Hello all,

In the event of a medical procedure which necessitates long-term home recovery (as in the case of bone marrow transplant), can USCIS come and interview the citizenship candidate in his or her home? Also, can the candidate take the oath ceremony at home? If not - how long can the ceremony be postponed for? Can it be postponed for a year (which is the recovery period specifically for the transplant procedure)?

Thank you all in advance!
BostonChick


Yes, most local district offices will perform the interview at an applicant's home. As far as the swearing in ceremony, that requires a Judge, and may not be so easily accommodated.
diadromous mermaidFemale02007-08-06 11:16:00
US Citizenship General DiscussionChange of address for US citizen husband?
QUOTE (YuAndDan @ Aug 7 2007, 09:07 AM) <{POST_SNAPBACK}>
QUOTE (Katlady413 @ Aug 7 2007, 08:41 AM) <{POST_SNAPBACK}>
Hi all,

I just filled my AR-11 online for change of address and I was wondering if I need to do anything for my husband as well. I know that sponsors have to file the I-865 but, since both my husband and I were students in grad school at the time we got married and weren't making enough, we didn't have him be my sponsor but his father instead.

So, now both my husband and I moved, his father (my sponsor) is at his old address, and so far I've only filed the AR-11 online for myself only. Is this all I need to do for now? Just checking to make sure I'm covering all bases... Thank you in advance!

He should have sponsored you he is your husband and petitioner, he filed the I-130 to petition for you not his father, his father is a Joint Sponsor. Your husband needs to file I-865 to report his move also.

Right,

The petitioner is always the primary sponsor
diadromous mermaidFemale02007-08-19 09:30:00
US Citizenship General DiscussionUnconditional Permanent Resident - Live Oversease Prior to Naturalization?
QUOTE (lucyrich @ Jul 30 2007, 12:32 PM) <{POST_SNAPBACK}>
Yes, you do have some tough thinking to do as you make a decision.

If you can stay in the US long enough for her to become a citizen, then she can leave the US for as long as she likes, and return to the US whenever she wants. That would obviously solve the dilemma, but it sounds like that's not possible with this particular opportunity.

Once she leaves the US for 6 months, she will be presumed to have broken her "continuous residence" time for the purposes of naturalization unless she can prove otherwise. Once she stays out of the US for a year, it's almost certain she will have interrupted her "continuous residence" time. Both these statements are true even if she's allowed to return to the US as a LPR with a returning resident visa or a reentry permit. So she might be looking at roughly a three year wait after returning to the US before she's eligible for naturalization.


In the worst case, you could choose to abandon her current permanent residency, and do DCF for an immigrant visa when it's time to return. Yes, that would mean basically going through the process again, but if you can time it properly, you should be able to stay together during the entire process this time. An immigrant visa issued via DCF doesn't involve adjustment of status; she'd have a Green Card as soon as she enters the US. Since your marriage is old enough now, there won't be the whole conditional thing to go through.



Why on earth would anyone choose that route? Living overseas due to one's spouse's career move, is not an automatic revocation of permanent residency.
diadromous mermaidFemale02007-09-05 18:06:00
US Citizenship General DiscussionI voted but I'm not a US citizen

I would immediately de-register.

And forget about the Naturalisation.

If you are still interested, wait 5 years and then have a word with an Immigration Lawyer.

Have you actually voted? That would compound the problem.

But the big problem is the misrepresentation of being a USC. Deportation and life ban, if they find out and follow through. I can not imagine your excuse would fly.


I'd be consulting a competent immigration attorney, first off. I wonder if it makes a difference if it is a "willful" misrepresentation or not. I recall reading something about the consequences of false claims of citizenship with respect to I-9 entries, that were not as dire when or if the alien could demonstrate that it was due to a misunderstanding of the terminology.

By the way, I could well surmise that this can happen quite accidentally, without premeditation or malintent, desert_fox. In some countries 'citizenry' refers to inhabitants or the folk that reside there and has little to do with legality of their immigrant status or their right to vote.
diadromous mermaidFemale02007-07-12 13:06:00
US Citizenship General DiscussionPlease HELP!!!
QUOTE (annatenna @ Sep 21 2007, 04:01 PM) <{POST_SNAPBACK}>
QUOTE (Niagaenola @ Sep 21 2007, 01:13 PM) <{POST_SNAPBACK}>
Sorry to hear you have had such a bad time.... there is nothing you can do but re-apply and pay again....

Good Luck

Kez



It all seems very unfair - why didn't they notice that you'd applied too soon right at the start and return your application - I'd expect that would be the first thing they would check. Even if they kept the fee, at least you wouldn't have had to go through the interview needlessly. It makes no sense!
I hope you can sort something out.


The Service is not obliged to inform aliens that are ineligible for benefit.


QUOTE
§ 319.1 Persons living in marital union with United States citizen spouse.


(a) Eligibility. To be eligible for naturalization under section 319(a) of the Act, the spouse of a United States citizen must establish that he or she:

(1) Has been lawfully admitted for permanent residence to the United States;

(2) Has resided continuously within the United States, as defined under §316.5 of this chapter, for a period of at least three years after having been lawfully admitted for permanent residence;

(3) Has been living in marital union with the citizen spouse for the three years preceding the date of examination on the application, and the spouse has been a United States citizen for the duration of that three year period;

(4) Has been physically present in the United States for periods totaling at least 18 months;

(5) Has resided, as defined in §316.5 of this chapter, for at least 3 months immediately preceding the filing of the application, or immediately preceding the examination on the application if the application was filed early pursuant to section 334(a) of the Act and the three month period falls within the required period of residence under section 316(a) or 319(a) of the Act, in the State or Service district having jurisdiction over the alien's actual place of residence and in which the alien has filed the application;

(6) Has resided continuously within the United States from the date of application for naturalization until the time of admission to citizenship;

(7) For all relevant periods under this paragraph, has been and continues to be a person of good moral character, attached to the principles of the Constitution of the United States, and favorably disposed toward the good order and happiness of the United States; and

(8) Has complied with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in §316.2 (a)(3) through (a)(5) of this chapter.

(b.) Marital union(1) General. An applicant lives in marital union with a citizen spouse if the applicant actually resides with his or her current spouse. The burden is on the applicant to establish, in each individual case, that a particular marital union satisfies the requirements of this part.

(2) Loss of Marital Union Divorce, death or expatriation. A person is ineligible for naturalization as the spouse of a United States citizen under section 319(a) of the Act if, before or after the filing of the application, the marital union ceases to exist due to death or divorce, or the citizen spouse has expatriated. Eligibility is not restored to an applicant whose relationship to the citizen spouse terminates before the applicant's admission to citizenship, even though the applicant subsequently marries another United States citizen.
diadromous mermaidFemale02007-09-24 09:15:00
US Citizenship General DiscussionConditional or 10 Year Green Card
QUOTE (cokebbeh @ Sep 25 2007, 02:31 PM) <{POST_SNAPBACK}>
Hey, When filing N400, when do you start counting the permanent residence years? Is it when you get your conditional (2 years Green Card) or the 10 year permanent green card.


Grrrr! Permanent residence is permanent residence, regardless of whether it has conditions imposed upon it. I feel like a broken record wink.gif. I'm impressing upon folks to read the FAQs and guides around here
diadromous mermaidFemale02007-09-25 14:37:00
US Citizenship General Discussionhow do they determine 3 years for naturalization
QUOTE (Anastassia @ Sep 25 2007, 03:32 PM) <{POST_SNAPBACK}>
"As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Back at the AOS interview, your passport was stamped with the I-551 stamp and a date. The 3 year countdown begins with that date. "

If I had no AOS interview how do I prove that my AOS was approved on a certain date - no stamp in my passport ?

Thanks for input.

Ana


Date on the GC, permanent resident since...
diadromous mermaidFemale02007-09-25 14:35:00
US Citizenship General DiscussionJust double checking residency requirement
QUOTE (warlord @ Sep 24 2007, 02:40 PM) <{POST_SNAPBACK}>
You're case saying she hasn't lived in the US much at all is a red flag and people have gotten into problems and placed into deportation for such things.


Really? Deportation? Are you sure?
diadromous mermaidFemale02007-09-24 15:12:00
US Citizenship General DiscussionNaturalization of Military Spouse
QUOTE (HappyOne @ Sep 21 2007, 09:12 AM) <{POST_SNAPBACK}>
my GC is only valid for 2 years.
According to the pdf file from USCIS the requirement for Naturalization for spouses married to an US military member I have to be permanent resident at the time of the Interview. So now comes my confusing point...my GC says permanent resident card. So does it mean I can apply for citizenship eventhough I got that since march only?

Sorry for the confusions but I am so confused.


PR (permanent residency) is PR, whether it has conditions attached or not.
diadromous mermaidFemale02007-09-24 09:02:00
US Citizenship General DiscussionI voted as a Permanent Resident
QUOTE (rouguewave @ Oct 22 2007, 10:10 AM) <{POST_SNAPBACK}>
..........they are opening themselves up to a lawsuit if your experience causes you further difficulty in your immigration process.



"further difficulty" would be quite the euphemism! Deportation is the normal penalty.
diadromous mermaidFemale02007-10-22 13:24:00
US Citizenship General DiscussionI voted as a Permanent Resident
QUOTE (VERY CONFUSED @ Oct 20 2007, 03:55 PM) <{POST_SNAPBACK}>
When I contacted the city clerk I explained to her the entire situation and informed her that I am intending to apply for US citizenship. She suggested that I get a copy of the form that I filled out to cancel my registration and she also thought that would be a good idea for me to send her a letter explaining the situation and officially requesting my being taken off the voter list. She said that will show that I initiated the entire process. I have copies of
1-the letter that I sent to the city clerk requesting registration cancellation
2- my origianl registrsration form
3- a copy of the registration cancellation form



You voted in a local election. That in itself is no problem, as long as the election was not restricted to US citizens. What did the voting form state? Did you sign it?
QUOTE
Voting
One of the most important privileges of democracy in the United States of America is the right to participate in choosing elected officials through voting. As a Permanent Resident you can only vote in local and state elections that do not require you to be a US citizen. It is very important that you do not vote in national, state or local elections that require a voter to be a US citizen when you are not a US citizen. There are criminal penalties for voting when you are not a US citizen and it is a requirement for voting. You can be removed (deported) from the US if you vote in elections limited to US citizens.



From USCIS
diadromous mermaidFemale02007-10-22 13:21:00
US Citizenship General DiscussionCan I apply for citizenship?
QUOTE (sparkofcreation @ Jan 5 2008, 06:39 PM) <{POST_SNAPBACK}>
Yes and no.

Yes, you can file the N-400 before the I-751 is approved. What usually happens in that case is that the I-751 is held and both it and the N-400 are approved at your citizenship interview.

No, you cannot apply "by January 27" because your 90-day window opens on January 28. You can apply on or after January 28.


Correct, but I believe technically the stalled I-751 is *forced to adjudication* by an N400 that is ready. The I-751, in such a case, would be adjudicated on the same day but prior to the N400.
diadromous mermaidFemale02008-01-05 19:26:00
US Citizenship General Discussion**Really worried*** Just found out
QUOTE (Vero77 @ Jan 3 2008, 12:07 AM) <{POST_SNAPBACK}>
That my husband was still married when we got married. I've been legal resident (based on marriage with a US citizen) for more than 6 years... I'm ready to become a US citizen and file my N-400 BUT.... they ask me for divorce papers from my husband's prior marriages (he is my first and only husband)
now he is a Vietnam vet and suffers from all kind of mental illneses PTSD, flashbacks, etc.
So he says that he doesn't remember when he got married or divorced or nothing. I know that he was still married because we just found out his ex and she told us. She lives in GA and we live in CA.
Now...not sure if I really need his divorce papers when I file based on ... I got into marriage in good faith and we've been married since 2000.
I cannot pay a lawyer, I was ready to do the paper but now I really don't know...
If anybody knows if the divorce papers after 5 years of being resident will delay my citizenship from going through...
i'm really scarred to get caught and being deported. And everything will be FINITO!!!
Please help!!!


If your marriage to him were to be discovered and determined void, having been in the USA for 6 years unlawfully would trigger a 10 year bar if you should ever leave the country. Whatever you do, decide before leaving the USA. There's a chance that if your marriage is legally void (because he was not yet divorced when he married you) it might be possible to remarry. There are lawyers that provide pro bono services, but for a complicated case such as this, they might be limited. I'd consider a consultation.
diadromous mermaidFemale02008-01-05 19:23:00
US Citizenship General Discussion**Really worried*** Just found out
QUOTE (Vero77 @ Jan 3 2008, 12:07 AM) <{POST_SNAPBACK}>
That my husband was still married when we got married. I've been legal resident (based on marriage with a US citizen) for more than 6 years... I'm ready to become a US citizen and file my N-400 BUT.... they ask me for divorce papers from my husband's prior marriages (he is my first and only husband)
now he is a Vietnam vet and suffers from all kind of mental illneses PTSD, flashbacks, etc.
So he says that he doesn't remember when he got married or divorced or nothing. I know that he was still married because we just found out his ex and she told us. She lives in GA and we live in CA.
Now...not sure if I really need his divorce papers when I file based on ... I got into marriage in good faith and we've been married since 2000.
I cannot pay a lawyer, I was ready to do the paper but now I really don't know...
If anybody knows if the divorce papers after 5 years of being resident will delay my citizenship from going through...
i'm really scarred to get caught and being deported. And everything will be FINITO!!!
Please help!!!


Relying on the word of an ex-wife, as to what his purported marital status was when you married, might be unwise. Has she any reason to want to cause him concern?
diadromous mermaidFemale02008-01-05 19:17:00
US Citizenship General DiscussionPhysical Abuse and the Citizenship Dream
An application for relief under Section 204.2 for battered spouse
C) The petitioner must establish by clear and convincing evidence
diadromous mermaidFemale02008-01-09 13:26:00
US Citizenship General DiscussionPhysical Abuse and the Citizenship Dream
QUOTE (kwirl @ Jan 8 2008, 06:35 AM) <{POST_SNAPBACK}>
Ok, this might end up being a lengthy post, but I shall to keep it was relevant as possible to the current sitation facing a good friend.

A friend of mine was born in South America, but has been living in America for a few years legally. She got a job, she was enrolled in college and has a few semesters under her belt on her way to a bachelors in financial studies. About a year ago she was told her time was basically up, and that she would have to return home.

Well, she was scared and afraid, so she went to someone she THOUGHT was a friend, and gave him her entire savings, almost 10 thousand dollars, money she had been saving for her education through years of overtime hours and working extra jobs. He took the money, they froze her accounts (i guess this is a normal part of the deportation process) and she went home to south america. After a few months, he convinced them to let her return, and they got married in a vegas weekend.

Then the problems started. This guy, almost 30 years her senior btw, began forcing her to degrade herself for him. She lives in fear of his seemingly godlike control over her fate and dreams of one day being a US citizen. He constantly makes rude sexual demands of her, and forces her to clean and do his trivial chores. He forbids her to have friends, or to leave the house. She can't or won't go to the authorities because her hopes of becoming a US citizen are in his hands. If he threatens to not sign her papers, she will be sent home and her dreams will be snuffed out.

My family has been in this countries for hundreds and hundreds of years, and to think that someone with this kind of desire to come do what she has done will be sent home just because of this creep disgusts me. I'm tempering myself and removing the option of physical violence from my list of solutions, but can someone here please tell me where to go to start finding a way for her to stay here without being tortured. Watching her dreams and ambitions fade daily is just killing me.

To be honest, I wish we could kick this selfish ####### out of the country and let her take his place.

Any help will be welcomed, thank you

-me



Where is she in the process? Does she have a conditional green card yet? If not, she needs to accumulate evidence that the marriage was bonafide (on her end, IF it was) and also evidence of his control over her. This might appear daunting, but if she thinks clearly about how oppressed she is, she might find ways to document it. Then, once armed with sufficient evidence, she can file a VAWA claim. It is not a simple solution to pursue this path, but VAWA was put into place to protect aliens that haven't acquired PR through marriage yet, but are being victimized by their sponsors.
diadromous mermaidFemale02008-01-08 09:11:00
US Citizenship General DiscussionWithholding of removal
QUOTE (Gioino @ Jan 11 2008, 08:01 PM) <{POST_SNAPBACK}>
Hi everyone

I am new to this forum and would love some help. My sister came to this country 6 years ago and didn't speak english at all. I just came here about 2 months because she didn't want to come back to Russia. I came here to help her find out information about how she can finally get green card. However, she, unfortunately, recieved a grant for withholding of removal and her asylum application was withdrawn. She applied for asylum since the reason she left was personal beliefs and fear for the government. From what I understand since she was giving this she has no chance of ever getting permanent status until she is married. Is this true? Its very sad because she can't even travel to meet our parents in europe and has not seen them since she left when she was 18. Any help would be wonderful.

Gioino


Gioino,

That's right. The unfortunate part of this is that your sister is not on a path to securing permanent residency, if she has only "withholding of removal" status. Usually, an asylum-seeking alien is given withholding if the statute of limitations has expired for asylum. Did she apply for asylum within one year of arriving in the USA?

Withholding of removal is awarded by the Immigration Judge, provides her authorised stay in the USA and affords her the opportunity to work (EAD), but she won't be able to travel.
diadromous mermaidFemale02008-01-12 07:59:00
US Citizenship General DiscussionMoving After Filing
QUOTE (sparkofcreation @ Jan 6 2008, 02:34 PM) <{POST_SNAPBACK}>
That's a bit out-dated, isn't it? We moved a year ago while the I-751 is pending and we were able to BOTH fill out the AR-11 online AND change the address of the pending application online ... in fact when you submit the AR-11 online it asks you if you have any applications currently pending and then if you say "yes" it takes you to the change of address automatically.

As of a year ago, the only one that couldn't be submitted online was the I-865 (sponsor's change of address). And if you're wondering how reliable the online system is ... USCIS sent proper confirmation of the AR-11 and sent all paperwork on the I-751 to the correct address, so obviously the online stuff worked; but it got *my* address (from the paper I-865 I'd submitted) wrong!


It's a current link direct to USCIS.
diadromous mermaidFemale02008-01-12 14:35:00
US Citizenship General DiscussionMoving After Filing
QUOTE (nscvet @ Jan 5 2008, 09:10 PM) <{POST_SNAPBACK}>
One must have been resident for 3 months in order to be eligible to file.


We have been resident for over two years. I want to know what would happen if we move after my wife files.



You would follow the typical Change of Address procedure. Note in the quoted text that there are additional requirements of an alien that moves while a petition or application is pending.



QUOTE
If you are not a U.S. citizen and you have a case pending with USCIS, you will need to do both – call customer service and complete the paper AR-11. Completing an AR-11 does not update your address on any pending case. Also, notifying customer service does not meet the legal requirement of completing an AR-11.

If you mail a paper Form AR-11, we recommend using certified, registered or return receipt mail. This is not currently a requirement of USCIS, however it is advisable to send the AR-11 by a method that will give you documentation that you did mail the form to USCIS, in case there should ever be a question.




http://www.uscis.gov...00045f3d6a1RCRD
diadromous mermaidFemale02008-01-06 14:06:00
US Citizenship General DiscussionMoving After Filing
QUOTE (nscvet @ Jan 5 2008, 05:32 PM) <{POST_SNAPBACK}>
My wife is eligible to file her N-400 but we may relocate to the jurisdiction of a different D.O. and are not sure how that will affect things. If she files and we move into a different District and/or Service Center would the 90 day residence requirement start over?


One must have been resident for 3 months in order to be eligible to file.
diadromous mermaidFemale02008-01-05 19:28:00
US Citizenship General DiscussionFiling N-400 based on 3 year marriage, spouse works overseas sometimes
QUOTE (lucyrich @ Jan 16 2008, 03:04 PM) <{POST_SNAPBACK}>
I don't know exactly where they draw the line, and I'm not sure there IS a firmly drawn line.

The line drawn is that if the alien and USC are not living in the same abode, the reason is neither a precursor to nor does it indicate that the marriage is in a terminal state.
diadromous mermaidFemale02008-01-17 15:17:00
US Citizenship General DiscussionA few questions for the connosieurs :)
QUOTE (Kaahlonice @ Jan 19 2008, 10:02 PM) <{POST_SNAPBACK}>
Hello my dear friends in sufferance smile.gif I am having a few issues I would need help with but before everything I will give you a brief outline of what happened so far. So, end of April, I filled the N400 under the 319b (Expedite naturalization). It was supposed to take 3 months, I have found myself in December still without an answer. I wrote our senator and in about 1 month he got back with me saying that there was some sort of confusion between Nebraska and FBI (as the name check was the only thing uncleared) but they will start as soon as possible the processing. I called USCIS to find out that my paperwork has been sent from Nebraska to Detroit, where I initially wanted to have the interview at. So, great news so far even though it took a while. Anyways, I am now waiting for my interview letter. They said "you are in line" whatever that means (if you know I would sure appreciate a little insight) and that I will soon receive a letter for the interview. First question: How soon is soon? I am getting ready to start a new term (college) and if this letter shows up and I have to go for the interview before March I would rather drop the school for this term (so I wont lose the money) and focus on citizenship. How long does it usually take to receive the letter for interview from the moment they sent the paperwork from Nebraska to Detroit? I honestly don't know what to do about school! Should I just drop it for this term or not?
Another thing: given the fact that we are military stationed overseas, I have read quite a few posts saying that there was a delay in between the interview and the oath. Now, I am sure everyone is aware how much plane tickets are to fly from Europe to the States...are there any chances of taking the Oath at least within a week of the date of the interview? I mean, I know I am not that special smile.gif but still, is there a special request we could make so we would not have to return to the states 3 months later for the oath?
Thanks so much for your help...in advance
Kaahlonice


More often than not the Oath ceremony can be conducted immediately following the interiew.
diadromous mermaidFemale02008-01-20 09:40:00
US Citizenship General DiscussionNaturalization Requirement Exception for Spouse of Missionary
QUOTE (oaaltone @ Jan 23 2008, 05:20 PM) <{POST_SNAPBACK}>
I have a question regarding naturalization procedures.

I am a US Citizen and my wife is a conditional PR. We got married 4/29/07 and her green card has a date of 5/3/07, expiring 5/3/09. We may be going abroad next year (early 2009) to be missionaries.

On page 20 of the Guide to Naturalization it states there is no continuous residency requirements for the spouse of a US Citizen going abroad for "ministerial or priestly functions for a religious denomination or interdenominational organization with a valid presence in the United States."

It appears we're eligible to skip the removal of conditional status step altogether and apply for naturalization under the above exception. Has anyone had experience with this? Thanks!


It is explained pretty clearly here:

QUOTE
Section 319(cool.gif of the Immigration and Nationality Act allows a spouse of a US citizen who is employed in certain capacities overseas to expeditiously apply for citizenship. The provision completely waives the residence and physical presence requirements for the spouse.

In order for the spouse to qualify for naturalization under Section 319(cool.gif, the citizen spouse must be “regularly stationed abroad” in the employment of the US government, US institutions of research as recognized by the Attorney General (8 C.F.R. Section 316.20(a)), a US corporation (or subsidiary) in the development of foreign trade or commerce of the US or if the citizen spouse is performing ministerial or missionary functions on behalf of a bona fide US organization.

The regulations at 8 Code of Federal Regulations (C.F.R.), implementing Section 319(cool.gif, provide more clarity. The citizen spouse need not be permanently assigned abroad, but at the same time the assignment need not be short or casual. The citizen spouse can still be in the US at the time of the other spouse’s naturalization if he or she is proceeding abroad for not less than one year pursuant to an employment contract or orders. 8 C.F.R. Section 319.2(a)(1).

Although the physical presence and continuous presence requirements are waived, the non-citizen spouse must still be a permanent resident. 8 C.F.R. Section 319.2(a)(2). This provision is immensely useful for spouses of US citizens who are employed for subsidiaries or branches of US corporations in other countries. The non-citizen spouse need not remain in the US to meet the three years of continuous residence before filing Form N-400, out of which at least half the time must have been spent physically in the US, as mandated under Section 319(a) of the Immigration and Nationality Act.

The eligible spouse has to file Form N-400, which can be done from overseas too, with the appropriate Service Center. The Service Center will schedule the fingerprint appointment at the appropriate US embassy or consulate overseas. The spouse can designate any USCIS office for a naturalization interview. .....


http://www.ilw.com/a...0525-mehta.shtm
diadromous mermaidFemale02008-01-23 19:23:00
US Citizenship General Discussionfake marriage question
QUOTE (sparkofcreation @ Jan 21 2008, 01:47 PM) <{POST_SNAPBACK}>
QUOTE (2newshoes2 @ Jan 21 2008, 09:23 AM) <{POST_SNAPBACK}>
It sounds like the friend is just asking for a letter saying that your husband was present at the wedding. He can just state the facts as they happened. He was asked to be a witness and he attended the wedding. There is nothing illegal about his stating the facts as they happened.

2NS


Not necessarily illegal (though it could be), but I would say it's certainly immoral for the husband to do so knowing that the friend is planning to submit that letter as evidence in order to commit immigration fraud.


Has the alien admitted to the OP's husband and his friend that he married solely for immigration benefit? if so, the morality or immorality in this case of submitting an affidavit is the least of his concerns. He should be informing ICE and USCIS. If not, then it is conjecture that the marriage is not bonafide and he can supply the alien with a letter detailing his attendance (that is not vouching for the alien, just simply stating a fact) at the wedding.
diadromous mermaidFemale02008-01-22 14:21:00
US Citizenship General Discussionfake marriage question
QUOTE (Gwen666 @ Jan 18 2008, 08:22 PM) <{POST_SNAPBACK}>
No, they are required in addition to the marriage certificate. In July, London started chucking out RFE's left, right, and centre for the missing information and there are a few on this board (Poiteen springs to mind) that have had their approvals delayed because of this.

NOTE: In addition to the required documentation listed
above, you should submit one or more of the following
types of documentation that may evidence that bona fides
of your marriage:

E. Documentation showing joint ownership or property;
or
F. A lease showing joint tenancy of a common residence;
or
G. Documentation showing co-mingling of financial
resources; or
H. Birth certificate(s) of child(ren) born to you, the
petitioner, and your spouse together; or

I. Affidavits sworn to or affirmed by third parties having
personal knowledge of the bona fides of the marital
relationship (Each affidavit must contain the full name
and address, date and place of birth of the person
making the affidavit, his or her relationship to the
petitioner of beneficiary, if any, and complete
information and details explaining how the person
acquired his or her knowledge of your marriage); or

J. Any other relevant documentation to establish that
there is an ongoing marital union.




this is in addition to the marriage certificate, which is the first thing that is required, and has been in place only since July.

Exactly. Note, the bolded text, "one or more", not all of the list.
diadromous mermaidFemale02008-01-19 16:10:00
US Citizenship General Discussionfake marriage question
QUOTE (Gwen666 @ Jan 18 2008, 06:02 AM) <{POST_SNAPBACK}>
It's certainly not mandatory for your husband to be one of the people to provide an affidavit of a bona fide marriage just because he was a witness.

QUOTE (Donna A @ Jan 18 2008, 01:22 AM) <{POST_SNAPBACK}>
is a recommendation letter something new? i cant even tell u who witnessed our marriage cuz we just grabbed a couple people in the court house. no letter was needed at that time.


The affidavits of a bona fide marriage is something new being required with I-130's, yes. I think it started with the new forms issued in July.

Hmm. I think the affidavits requested with an I-130 are only necessary if a document of an event, such as a marriage, is not available. In the case that is being discussed here, why would there be no marriage certificate?
diadromous mermaidFemale02008-01-18 19:52:00
US Embassy and Consulate DiscussionSelf-Employment & the K-1 K-2



Back in Nov 2005 I wrote about a friend loosing his job, could not find one near his home so he started his own business now self-employed. I've researched vj but could not find and answer he needs.
He started his new business this past Jan and has already met the aos requirements for the K-1.
He needs to know how this will effect him when is fiance goes for interview in Moscow being self-employed.
He can show the last three years tax returns from his past job with income about $30K a year with no tax problems and will have no tax problems this year.
We're wondering the best we can on what would be the cons of being self employed for about 12 months when his fiance gets her interview or anything he made need to do to get prepared .
Your answers would certainly be greatly appreciated.

Thanks,
bruc

He will have to show income. Being self-employed that could be done through quarterly statements of profit and loss, if he hasn't filed a tax return for the business by that time. Does he pay himself a salary or is he simply living off profits from the biz?


Thanks for your fast response.
I'll add to this...his business is legit and registered with the Secretary of State and he has an accountant .
I don't think he's per say paying himself a salary this first year.
He started a high end cabinet shop in my personal woodworking shop and a couple of us are helping him in our spare time when he needs help. I do not charge him for use of my shop and we charge him no labor when we help him, so he has no overhead. He has to pay only the utilities.
His profits are high and he's useing most of them to establish his new business. His home is piad for, he has no credit card debt nor a vehicle payment.
Th way things are going his fiance could get her interview close to the end of this year of sometime after the first of the year...who knows anymore :unsure:

Once again...thanks for your help

bruc


In that case, if it is a self-proprietorship, he'll likely declare the business profit as personal income on a Schedule C with his IRS 1040 at year's end. It might be a good idea for him to do quarterly estimated tax filings through his accountant so that he can better demonstrate what his annual income might be.
diadromous mermaidFemale02006-05-25 21:42:00
US Embassy and Consulate DiscussionSelf-Employment & the K-1 K-2

Back in Nov 2005 I wrote about a friend loosing his job, could not find one near his home so he started his own business now self-employed. I've researched vj but could not find and answer he needs.
He started his new business this past Jan and has already met the aos requirements for the K-1.
He needs to know how this will effect him when is fiance goes for interview in Moscow being self-employed.
He can show the last three years tax returns from his past job with income about $30K a year with no tax problems and will have no tax problems this year.
We're wondering the best we can on what would be the cons of being self employed for about 12 months when his fiance gets her interview or anything he made need to do to get prepared .
Your answers would certainly be greatly appreciated.

Thanks,
bruc

He will have to show income. Being self-employed that could be done through quarterly statements of profit and loss, if he hasn't filed a tax return for the business by that time. Does he pay himself a salary or is he simply living off profits from the biz?
diadromous mermaidFemale02006-05-25 20:55:00
US Embassy and Consulate Discussionexit from cuba
Interesting. I hadn't really given it much thought before your post, but we certainly take the opportunity to leave the country for granted. Best of luck.
diadromous mermaidFemale02006-06-09 20:28:00
US Embassy and Consulate DiscussionNegative Income

norotonfd,

Interesting. Most calculated items on a tax return instruct one to enter zero if the number would be negative. On which line specifically do you enter a negative number?

Yodrak

I am self employed at my own restaurant and I am showing a negative income on my Federal Tax returns. I have assets, a house, and money in the bank. Just to be safe I have a co-sponsor. My question is what do I write in for income if it is negative on my tax return. Do I leave the income spot empty and just liist my job and position as owner?


If he's using a Schedule C for his business income, then the final figure from that form is transferred to line 12 of the IRS 1040. Of course if the business net income is a loss, then there'd be a negative figure on line 12. Of course the Affidavit of Support instructs to report line 22, I think.
diadromous mermaidFemale02006-06-16 17:48:00
US Embassy and Consulate DiscussionQuestion about assets Please some advice !!!!

ok i get the goldenheart reference and we fully understand that in no way are we leagaly married and never would i state that to any uscis person allways i referre to him as my fiance.


Ok, good. Meauxna and I, evidently, were both thinking the same thing. Just a heads-up on how one little word used in the wrong place can cause some big issues. Whatever you feel in your heart and say in private to each other is OK, but when dealing with the bureaucratic machine remember the immigration terminology.

OP = original poster
diadromous mermaidFemale02006-06-18 08:42:00
US Embassy and Consulate DiscussionQuestion about assets Please some advice !!!!

DM, that's the link I gave her.

OP, I don't know what to say about your financial situation. I know your consulate is known for being quite strict about everything. I don't know how they would view you using your sisters disability money to support your husband.
I also don't know how it would go down with the AOS interview.

Have you thought abouit getting a new, or second job?



Yup, it was. And I was being lazy and didn't click it first. Sorry for that :blush: All the same, it's probably just as well that the point was underscored. :)

I am hoping someone can answer this for me please i have read the guides and they don't tell me anything about my situation i made a similar post about this in a different room but no replys and i'm really worried cus i don't have anyone else who could co sponsor. Ok this is my ask I know i don't make enough to sponsor my husband i am about 1500 short but i a have just a few assets one a car worth about 2500 and i really want to know if this is a asset or not i have a profit sharing program at my work right now i have 24,000 in it i have be there 4 years and am what they call vested so 14,000 of it is mine.but its not like i can just take i have to ask and my work has to say ok unless i quit then i get it.Can i use this as an asset? One more possibility i have is my sister who leaves with me her income is 12,000 a year and would put us within the 125% poverty level for a family of 6 her income is from social security disability so there is not past taxes for her. I just don't know how i should go about this this form i read the guide and the form just so unsure of how to state my financial situation our combined income is enough so how do i add my sister as part of my household income she does show as a dependent on my taxes for the past two years her income just started in nov 2005 ? Can anyone give some advice i would so appreciate it so much Thank You


So, without sis, the household + sponsored immigrant is 5? Is there anyone else in the household that is contributing income? Are the rest your children, or are you residing with immediate relatives?
diadromous mermaidFemale02006-06-17 21:10:00
US Embassy and Consulate DiscussionQuestion about assets Please some advice !!!!


Why are you petitioning a K-1 for your "husband"? Please read this thread and its mate carefully: http://www.visajourn...topic=15688&hl=

If your beneficiary is applying for a K visa, the "household member" and "joint sponsor" and "assets" information discussed here does not apply; that is a discussion of the I-864 which is for Immigrant Visas.



sorry let me clarify we have had no formal wedding but i am very used to calling him my husband sorry for the confusion. thank you everyone for your help. would they conceder mine and my sisters income as combined income since we leave together she has been with me two years now


Not to stir the pot, but as a precaution, you might want to do a search on VJ for goldenheart. Referring to your fiancé as a husband can sometimes be problematic. Best to get into a new habit, until he's here. :)
diadromous mermaidFemale02006-06-17 20:22:00
US Embassy and Consulate DiscussionQuestion about assets Please some advice !!!!

Why are you petitioning a K-1 for your "husband"? Please read this thread and its mate carefully: http://www.visajourn...topic=15688&hl=

If your beneficiary is applying for a K visa, the "household member" and "joint sponsor" and "assets" information discussed here does not apply; that is a discussion of the I-864 which is for Immigrant Visas.


Gosh, I wonder if this is another "goldenheart" issue? Let's hope the OP pays attention to the correct immigration terminology for a fiancé.
diadromous mermaidFemale02006-06-17 20:17:00
US Embassy and Consulate DiscussionThis is too much to even believe
I'd just like to add that it's perfectly understandable that your fiancé would be stunned with the fact that it wasn't approved, that just possibly his recollection of the line of discourse *might* be emotionally charged. I'm not suggesting that he is not telling the truth about the manner in which he was treated by the CO, but when one is shocked, sometimes the memory can get a little foggy and other feelings may become imbued in relating the events.

While others have mentioned that COs can employ various techniques to get to the bottom of a matter, I'd seriously doubt that blackmail and lying are within their legal realm, however, the alien applicant has the onus to overcome any obstacle or impression that the visa is not warranted. Having a relationship that does not follow the norm, raises the bar. Rather than respond in furor, it would be wise to analyse the factors that could contribute to that impression by the CO and see which ones you can address. Simply put, there is an age difference; a divorce; a distinction in religious background, all of which can not be changed, but the matter relating to the family's acceptance of this atypical romance can be addressed, even if it means facing some resistance and objection by the remaining family members. It *could* very well be that Bala's knowledge that the family would not approve of the relationship, were they to be aware, was telegraphed in his demeanour with the CO. I'm not saying that was the case, but it is possible and COs are trained to take all sorts of queues to a line of questioning.

Although I don't always agree with desert fox in his delivery, he is good practice for dealing with the occasional matter-of-fact consular officer. :lol: The issue here is that Bala did not overcome the presumption that the relationship is valid. The question becomes what more can you do to overcome that? I would suggest a meeting with the family, to gain their approval, first off.
diadromous mermaidFemale02006-07-08 07:26:00