Forum	Title	Content	Member	Sex	Country	Date/Time
US Citizenship General Discussion	sticky situation	A friend of my wife (also a Latina) asked us for advice. She works as a housekeeper for a family. She works off the books, meaning that she gets paid in cash. She doesn't declare that income on her returns. She recently (late last year) became a US citizen and stated on the forms and interview that she was unemployed. A few days ago, her boss, the male adult of the family she works for sexually harrassed her. It's actually more than that. He's into working out. And she's trying to lose weight. He tried to show her some exercises of the floor and grabbed her by the waist, ran his hands from her waist up to and over her breasts and the back down her butt down to her thighs. Then he said "you're not doing it right" and positioned himself behind her as he was on the floor on her hands and knees. And he started rubbing his crotch and thrusting up and down. Basically, he was dry humping her for like 10 seconds. That's creepy, she's completely wrecked. She hasn't been back yet, she only works a couple of days. She's afraid to go back. She's afriad that if she doesn't go back, he will try to screw up her naturalization. Normally, I would advise her to go to the police and file a report becase what he did is not just sexual harrassment, I think it borders on criminal. But there are 2 issues at work: As I said earlier, she recently became a citizen and if he were to contact immigration telling them that she has worked illegally for over a year, could this jeopardize her naturtalization based on the fact that she lied on her appilcation? The other issue is that he is a retired cop and has lots of connections still on the police. She's afraid that if she were to contact the police, he would turn it around on her and possibly accuse her of theft or something stupid like that. Any advice? If she is already a citizen I would not worry about it. Technically her citizenship can be revoked if she lied in a material matter to gain citizenship. They rarely pursue this unless it is of some serious matter. A recently publicized case of revoking citizenship was because a recent citizen participated in the murder of innocent people in Sudan. Genocide. Yeah, that kind of thing. I doubt that working for cash would be of interest to anyone, probably not even the IRS unless it was a LOT of cash. The IRS would probably be more interested in her employer not paying payroll tax. I doubt he would go down that path. Unclaimed employment is a two edged sword and employment itself is sometimes difficult to prove. She was an independent contractor perhaps? Just too many worms in that can for anyone to bother with over the amount of money she was paid. Criminal charges require proving beyond a reasonable doubt to a jury of 12 people that he had criminal intent in what he did. I think it would be considered "he said, she said" and he would be acquitted even if a prosecutor decided to pursue charges. "I only meant to show how hip thrusts could help her lose weight" Best thing for her to do is just go on about life and try to forget a bad incident, fortunately she was not hurt.	Gary and Alla	Male	Ukraine	2013-03-12 15:37:00
US Citizenship General Discussion	sticky situation	On an additional note... The above case is a very important lesson on WHY doing things correctly and above board and not trying to cheat the system is important not just for the sake of honesty, but for the sake of personal protection. The woman in question was ASSAULTED and because of her (and he employers) actions to avoid paying taxes, has left her vulnerable and unable to speak out in her defense because of fear of getting caught. What would happen if say she got seriously hurt while working, or did damage? Everyone's hands are tied and true justice cannot take place. I know times are tough end everyone wants to save a buck or make an extra buck, but at what ultimate cost. My advice would be to file back taxes (this eliminates whatever the employer might have as leverage for not reporting him), and not go back. My conscience says to report him, but I do sympathize with her situation and his position in the community and have to honestly say that would be a scary prospect. If all else, I would say she learned a valuable lesson about protecting herself by working within the system not under it. Making things right will lift what I am sure Is a big weight off her shoulders moving forward... Come clean with uscis, they can forgive if you make it right, not if she continues to lie. it might cause her case to be looked at more carefully, but in the end I do not think it will cause her to be denied. She needs to tell uscis that her employer refused to file a w2 of her and she did not known how she should file and she really needed the job at the time and she wants to make it right. The employer will look way worse taking advantage of a vulnerable immigrant for a cheap laborer. Not bad advice at all. Her tax liability is probably little or nothing anyway and by filing and naming her "employer" it also puts him under the microscope. She could also claim to be self employed and get HUGE write offs for her business expenses and depreciation and end up with -0- income and an earned income tax credit. If anything came up with USCIS she could say she did not understand what being self employed was but when she found out, she corrected it. But this is just so NOT an issue for USCIS	Gary and Alla	Male	Ukraine	2013-03-12 15:41:00
US Citizenship General Discussion	sticky situation	Fortunately, she wouldn't have her citizenship revoked for lying about being unemployed vs employed (as that's not a reason to deny citizenship) but UNFORTUNATELY she WOULD get into trouble for not filing taxes, as that IS a reason to deny citizenship (there's a qn "Have you ever failed to file a tax return" and she most likely ticked "no" when the true answer is "yes". This is a reason why you should never lie. She wasn't "working illegally" because if she just had her citizenship approved then she had to have had legal status in order to get citizenship from. She was working "off the books" though which is bad for IRS reasons but not something that would get her into trouble. The problem is the taxes. If she files her back taxes she's in the clear tax wise, but it could STILL be seen as her lying on her application (she can't claim she didn't realise she should have filed because she would have known that). He sexually assaulted her, that's for sure, but as you stated, she's actually got bigger problems that that. I would advise the friend never to go back. He doesn't file taxes for her so he has no proof that she works/worked for him. I would also advise the friend TO STOP LYING TO THE US GOVERNMENT! She needs to FILE her taxes when she works. She needs to TELL THE TRUTH on her paperwork. Had she done that all from the beginning she could report him but of course her word against his and as an ex-cop most likely it would be swept under the rug. I also suggest the friend engage in some sort of self-defense training. You said he dry-humped her for 10 seconds, that's a long time as I would have reacted after the first stroke of his hands (disbelief followed by jumping away). She needs to empower herself both emotionally and physically so if she ever feels threatened again she doesn't feel like she needs to stay there and take it. Nothing here indicates she "failed to file a tax return" she may well have been in a joint return with her husband, we do not know and your answer assumes things not mentioned. She failed to claim income and employment (that much we DO know), not a material matter for USCIS.	Gary and Alla	Male	Ukraine	2013-03-12 15:44:00
US Citizenship General Discussion	sticky situation	Yep, the law doesn't look down too kindly on people who hire illegals. Not only would he face fines, but even possible jail time. So seems to me that he's either bluffing or ignorant of the law... She is NOT and was not "illegal" Good grief. She is NOW a citizen and WAS a permanent resident	Gary and Alla	Male	Ukraine	2013-03-12 15:47:00
US Citizenship General Discussion	N400 submitting documents	im going to submit all the documents for n400 application, i just need a little check from you guys if my documents are complete, or if i missed anything because i wanna make sure i didnt forget anything.. i would really appreciate all the help and advice i could get from you guys Here are the documents : N400 application 2x2 pictures Check money (filing fee) Green Card front and back copy husband's passport and birth certificate copy attatched together (even though i only have to send 1 evidence, i went ahead and put my hubby's bc as well) 2010 -2012 tax forms copies bank account copies (latest one) apartment lease copy marriage certificate copy im submitting it by monday (im filing this form under my 6 year marriage with my husband,) *no children and no past marriages* im a newbie andi might be in the wrong topic but thank you in advance,. If your husband had any previous marriages submit divorce copies. Your evidence is adequate but minimal. You do not have any children so no evidence relating to both of you as parents. It is what it is and you do not need children to naturalize. Other things to consider adding... Insurance which covers both of you as husband/wife...medical, life or home/renters, automobile. Authorizations from the bank for the other to handle the finances in case of death. A living will giving decision powers to the spouse. OFFICIAL documents showing the same address...drivers licenses, student ID, military ID, medical records indicating that your husband is your "emergency contact" and vice versa.	Gary and Alla	Male	Ukraine	2013-03-01 22:25:00
US Citizenship General Discussion	Time Outside the U.S. and N-400 Timeline?	Are trips over six months but under a year really that risky? I understand that you can overcome it with tax returns and rental payments, but considering the fact that my official residence has been at my parents house since July and I don't pay them rent that is impossible. (we will still be able to prove the 18+ months in the u.s. and have been married for nearly 4 years) We Have been overseas since early Sept and are fast approaching the six month mark. Is it really necessary for us to go back to the u.s. in March (to make the trip just under six months) instead of our original August return date? I know it would be safer, but we would need to find jobs and then simple quit them when we attend UCLA's grad school in August. Finally, if we were to apply for citz in March and it went to the L.A. field office, what kind of a timeline would we be looking at? They can be excused if you maintained residency AND had a valid reason. WORK i snot a vaid reason and may even risk the loss of the Permanent Resident Status. I know for a fact education is a valid reason. Not sure about others.	Gary and Alla	Male	Ukraine	2013-01-28 20:15:00
US Citizenship General Discussion	N-600. Citizenship for a child through adoption	Under the Child Citizenship Act, your son is a US citizen already. He automatically became a US citizen when he was legally adopted by a US citizen parent. There is no reason to remove the condition on the green card. Take the adoption paper and all the necessary documents to the US post office and apply for a US passport for your son. a US passport is all he needs to prove that he's a US citizen. The N-600 is also not necessary. It's optional. The US passport is the only document your son needs to prove US citizenship. This is correct. We did not get a citizenship certificate for our son when Alla became a citizen. We brought his birth certificate and her citizenship certificate to the post office and got him a US passport	Gary and Alla	Male	Ukraine	2013-01-31 19:30:00
US Citizenship General Discussion	N-600. Citizenship for a child through adoption	But I'm not a citizen yet. Only my husband. I'm a conditional greencard holder, my case is currently under review at the USCIS for conditions removal. And according to their guides, a child should be adopted for at least two years to obtain citizenship. That's what I just read on the uscis.gov. How come?I'm confused. Your son was adopted. He is the child of a US citizen. Children of US citizens under age 18 automatically become citizens. The moment his adoption paper was signed, he became a US citizen. Your relationship is no longer the factor. I just checked the list of papers I need to provide to obtain a passport for my son. Can adoption decree be considered a prove of citizenship? YES. He needs to show that he is the person in the adoption paper, and show he was adopted. Simple. You will also need to show your husband's proof of citizenship. You don't matter. Your son has a US citizen parent which entitles him to US citizenship. The relevant relationship for US citizenship is between your son and his legal US citizen father. You don't matter in determining your son getting US citizenship. You are mixing up the 2 years rule of living with adopted child abroad for a non-Hague adoption OUTSIDE the US. This is to qualify the child for an immigration visa. This has nothing to do with US citizenship. Your son is a US citizen. Run with it and be happy. (you still matter, just not for citizenship)	Gary and Alla	Male	Ukraine	2013-02-01 20:01:00
US Citizenship General Discussion	N-600. Citizenship for a child through adoption	Ha. Ha. I was only referring to the point of concern - US citizenship. I know.	Gary and Alla	Male	Ukraine	2013-02-02 12:04:00
US Citizenship General Discussion	Citizenship denial	Ok, here is my case in short: In 2003 I filed for green card based on marriage. After I had my first interview I was waiting on the decision for more than 2 years. In meantime I did divorced my wife at the time but did not inform USCIS. I know my obligation was to inform them, but I was waiting for them to call me on the second interview and they would find out. However they screw my alien number and at one point I had two alien numbers and was going for fingerprints every 6 months for almost 3 years. After almost 3 years, they send me the permanent green card (the one on 10 years) without even calling me on the second interview. After 5 years I decide to file for citizenship. They ask me why I did not inform them and my answer was that I was waiting on another interview when my GC arrived in mail. After that I continued my life here as normal thinking everything is ok. They held the interview for citizenship and I passed but officer couldn’t decide right away. So they gave me the letter stating that I passed the interview but decision cannot be made yet and that they have 120 days to inform me of their decision. If they failed to inform me I can file a complaint on district court. So after 120 days I decide to call and ask what happened. Within a week they send me a letter stating that they need 60 more days to decide. After 60 days the decision came that my citizenship application was denied because I did not inform them I was divorced so technically my green card is not valid. I have 30 days to appeal the decision. I understand that I failed to inform them of my divorce but they also failed to call me on second interview. If they would have called me on second interview they would of find out about my status. Technically I did not lie since they never asked if I was divorced or not before they sent me the green card. And it is my fault that I did not tell that my status has changed, but it is also their fault that they sent me green card without asking about my status. If the process went as it should, I would of have the interview and they would find out that I was divorced. Instead they made a mistake, and it took them so long to fix it that they did not even bother calling me on second interview and just giving me the permanent green card. Now they said that I did not obtain the GC lawfully and it is not good and based on that they denied my application. So now I have been in this country for 10 years, I have paid taxes since day one in this country, I have bought a house here and have a new family with a child who is born here. In this 10 years I haven’t travel anywhere outside US waiting to become a citizen first. My question is, is it worth to appeal this and if I appeal, how far should I go ( should I go to district court if they come back with same decision)? It is your obligation to inform them of the divorce. Period. You did not. All benefits after that point are subject to being revoked for material misrepresentation. At no time does it become THEIR obligation to give you the opportunity to inform them. everything you did was at risk because you did not inform them of your divorce. You can waste more money fighting it with an attorney who will gladly take your money and tell you that he will fix it. He can't.	Gary and Alla	Male	Ukraine	2013-01-27 22:21:00
US Citizenship General Discussion	Citizenship denial	She is not based on me. She is different situation all together. She will become a citizen in 2 years. Yes i agree what you say but if they did their job properly, we wouldn't be in this situtaion. I will say this again to be clear. It is YOUR oblgation to inform them of the divorce. They were unable to do their job "properly" because YOU withheld information. Had you told them the truth you would not now be in this situation...and you know it and you chose to do what you did to "trick the system" Well it doesn't work and the longer you stay the more rooted you become, but that was YOUR choice to take that risk. You also got married again and risk the future of your current wife.	Gary and Alla	Male	Ukraine	2013-01-27 22:26:00
US Citizenship General Discussion	Confused about years required before citizenship	My cousin married a US citizen and arrived in the US 2 years ago. Her green card is going to expire this year (I guess she came on the CR-1 visa). From my understanding, after one more year, she can apply for citizenship. She is under the impression she needs 3 more years (totaling 5). Can someone please clarify? 3 years total, one more to wait, and she MUST have a valid green card at the time she applies for citizenship. So she MUST file to lift conditions, get the 10 year green card (and pay for it) and then pay for and file for citizenship 1 year later and surrender her green card when she becomes a citizen. Alla received her 10 year green card March 30, 2011 and took her oath of citizenship April 9th, 2012. It was worth it.	Gary and Alla	Male	Ukraine	2013-01-27 18:31:00
US Citizenship General Discussion	Confused about years required before citizenship	Important to apply for that I-751 exactly 90 days before her second green card anniversary. Needs that new ten year card to either work or travel. Earliest she can apply for US citizenship is exactly one year after she applies for that I-751, but could to substract a couple of days from that in case it's a leap year. Also earliest you can apply is 90 days before her third year anniversary. This is the so-called three year marriage privilege as defined by an act of congress in 1927, she will be a better citizen if married to a US citizen. But it comes at a stiff price, USCIS will give her the third degree on the validity of her marriage and litterally wants all the evidence you already submitted for your AOS and I-751 plus that additional year of evidence. One advantage of going through all this, her husband will be free of that I-864 and she can vote for the least of two evils and even apply for a job with the USCIS or other governmental agency. Or she can wait another couple of years where the only evidence she needs is her green card. But if she applies one day too soon before that 90 day before her fifth green card anniversary, can still do so, but with a ton of evidence. Another option is not to apply at all for citizenship, entirely different than that I-751, removal of conditions, that has got to be done. One thing to consider right now, since ROCs are taking up to 11 months to process...she CAN file for citizenship in the normal time frame even if she does not have the 10 year green card in her hand. In this case she would attach a copy of her expired green card AND a copy of the 1 year extension letter. There have, recently, been cases where people were approved for citizenship before their ROC was complete. You MUST file for the ROC and be a legal permanent resident at the time of the application for citizenship. Her expired green card and extension letter are valid for travel and work while she waits for the ROC to be completed	Gary and Alla	Male	Ukraine	2013-01-27 18:36:00
US Citizenship General Discussion	N-400 approved but case under review with a supervisor	I just had my interview done today 01/09/2013 , test was really easy and he told me that he supervisor's has to review my Application , and he give me N-625 WAS APPROVAL. I just i dont understand why giving approved then they have to review the application ? pls i need your advise 1. You passed the test of English and U.S. history and government. 2. Congratulations! Your application has been recommended for approval. You are approved. It is a technicality. Alla had the same thing. We were told that because she does interpretation at the local office they had to have an officer from another office come to do her interview and that officer could only "recommend" her for approval and the official "approval" had to come from the office director. I have also heard that they all do this as the interviewing officer is not officially the person that approves. Whatever. She was given her oath appointment letter and told to come to the oath ceremony "unless she heard otherwise" She never heard otherwise and was given the oath. Congratulations! update i just got email from USCIS. Request for Evidence On January 22, 2013, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. Oops, I guess this is what they meant by "unless you heard otherwise" Good luck.	Gary and Alla	Male	Ukraine	2013-01-22 20:59:00
US Citizenship General Discussion	Citizenship for a child	I am 22. My parent is going to apply but in a few years, as she sees no point in doing it right now, whereas I need citizenship for my job. I just wasn't sure if the fact that I once was a K-2 visa holder requires me to file an application for citizenship along with my parent (former K-1 visa) or if I can go ahead and do it on my own. Thank you very much You can apply yourself. There is no "joint citizenship" UNLESS you were under age 18.	Gary and Alla	Male	Ukraine	2013-01-21 19:39:00
US Citizenship General Discussion	How long for fiance to get US citizenship?	I have learned so much from you guys, thanks! I know that it might take 6 months for your fiance to come to USA after you first file the I-129F application. My question is now, how long does it take after that for your spouse to become a US citizen? After getting approved for the I-129F, does the spouse have to stay in the USA the entire time in order to become a US citizen? Where can I find the instructions that explain all of this? Thank you! Three years after becoming a permanent resident IF still marriwed to the petitioner the SPOUSE and any K-2 children under age 18 at the time the spouse naturalizes can become citizens. She must be in the United States at least HALF the time during those three years with no absences of more than 6 months. There are some exceptions to that BUT that is the general rule. She can apply fr citizenship 90 days before that. My wife arrived in the USA 4 years ago today and became a citizen on April 9th of this year and we wasted no time in any filings. So it took 3.5 years from the day she arrived and that is about as fast as you can do it. Given 3 years plus time for filings, it would be difficult to do it faster.	Gary and Alla	Male	Ukraine	2012-09-11 17:43:00
US Citizenship General Discussion	NEED HELP	i was scheduled for oath ceremony on may 8 i just received this letter saying: MOTION TO REOPEN In accordance with section 335.5 of the immigration and nationality act, the service proposed to reconsider the decision to grant your application for naturalization. this was based on the fact that: you were adjusted under the Lautenberg-Moyniham amendment (LA-6). at this time the case is being reviewed. we will notify you of our decision. letter is from districr director. and another letter within the same envelope: this is to advise you that, due to unforeseen circumstances, we have hat to cancel the previously scheduled oath ceremony on tuesday may 08, 2012 LA6 is the category of my green card this means they are checking my green card case? whats going on? please help When you are interviewed for citizenship, the decision of the IO is not final. If you look at the letter you received (my wife received hers AT the interview) it states that it appears you have met the requirements to become a citizen. Between the time of your interview and the oath ceremony the dept. (USCIS) reviews everything to be sure you are correctly eligible and even does another background check on you for criminal records. The decision to grant citizenship can be changed until the time the oath is taken. It would appear they are questioning your eligibility to be a citizen at this time. A decsion on citizenship may or may not affect your permanent resident status (separate issue) I am no tfamiliar with the LA-6 amendment they refer to but it apparently has something to do woth your eligibility to naturalize at this time. Since I do not lknopw the details of your case I cannot say what exactly will happen. With more information, perhaps we could. What are the details of your original adjustment of status?	Gary and Alla	Male	Ukraine	2012-05-03 18:11:00
US Citizenship General Discussion	NEED HELP	So you applied ofr citizenship based on 5 years as a resident (or more) and your residency was based on LA6 which was effective for anyone paroled (entering) the US before Sept 30, 1999. You did not enter before that date. It would appear the basis of your green card was in error and therefore your basis for citizenship is in error. It may end up being an academic excerise to correct the basis by which you were granted residency and nothing more. In other words they may have made an error in 2002 and now need to correct it. This may or may not affect your getting citizenship. I presume your green card is about to expire and you applied for citizenship instead, correct?	Gary and Alla	Male	Ukraine	2012-05-03 19:02:00
US Citizenship General Discussion	NEED HELP	my GC is good until 2021 i think USCIS is more confused than i am Ok, so you are in no danger of being out of status or anything. Yes it looks like they are confused. It can happen. It still seems they are sorting out your eligibilty. The problem is that if there were any errors along the way they have to be corrected. Any benefit received as a result of an error, even citizenship, can be revoked. So they are just trying to make it right before they go any further. I would suspect your residency is intact and your citizenship will be granted eventually.	Gary and Alla	Male	Ukraine	2012-05-03 19:57:00
US Citizenship General Discussion	Citizenship and dismissed DV charges ?	Hello, I am applying for my citizenship this year and have some concerns regarding weather it will be approved or denied. Exactly one year ago I was charged with 4th degree DV and the charges were dismissed (here is my story http://www.visajourn...ce-deportation/ ) Now I hired immigration attorney and hope for positive outcome but I understand that my lawyer cannot guarantee I will be approved for citizenship. I will be sending my husband's affidavit along with N400 where he is stating about his past drinking problem which caused all that situation to become worse and that I helped him to resolve it. He also stating in there that all that situation was just simple mistake and nobody actually hurt anyone and that he will be in the waiting area at the time of the interview if needed. Anyway, I hope to hear some real stories who applied for citizenship with similar charges and what the outcome was. Thank you in advance! Answer truthfully, attach court documents showing it was dismissed and sleep well. You have not been convicted of anything. I did not apply with similar charges but since you have not been convicted of a crime I do not see where it could be an issue. You just want them to have everything in case it turns up on some background check. Best not to surprise those people. The attorney was unnecessary and cannot change the outcome even if you were convicted.	Gary and Alla	Male	Ukraine	2012-03-20 16:07:00
US Citizenship General Discussion	Citizenship and dismissed DV charges ?	Thanks for sharing your thoughts! I did mention arrest in N400, type of charges and dismissal, and will file it along with court docket and my husband's affidavit. I agree that I could have easily done this without any lawyer (which I was going to do in the first place when there was no charges(( but I'm too nervous to do it by myself now. Well, if I will get approval, it was worth the money, I guess Sleep well.	Gary and Alla	Male	Ukraine	2012-03-20 16:37:00
US Citizenship General Discussion	Question about the oath letter	Hi VJers: I noticed that on my oath letter, it ask me to bring "Any travel documents issued to you by this service" -- I don't quite get what this means. Can anyone explain and help me with this? Many thanks!! Such as re-entry permits, Advance parole, etc. May 30th. I guess I better take everything with me? I never had any travel documents except the AP when I filed together with 485... That would be it, then. Do you still have it? If yes, turn it in. If not, don't worry about it.	Gary and Alla	Male	Ukraine	2012-05-17 13:13:00
US Citizenship General Discussion	You want to talk about arbitrary?	Please read this post I have received from another frustraded American Citizen __________________________________________________________________________________________________________________________________________ I was born outside the US to an American mother and a father who is a citizen of my birth country. My sister, brothers and I were respectively 11, 7, 6 and 5 when we relocated to the US. As we were all minors, we entered the country under my mother's citizenship - we are recognized dual citizens by our birth country. The US, who reluctantly acknowledges that other countries recognize the concept of dual citizenship, recognized us as ex-pats returning home. Fast forward till I (the oldest) reached majority. I contacted the Consulate of our birth country to ask how to manage things like passports, registering to vote, etc. The Consul told me that if someone in authority asked if I were an American citizen, to say Yes, but not to volunteer anything else unless asked specifically; they would continue to recognize me as a citizen until or unless I signed something saying I wasn't. I passed this information on to my siblings. Okay, on to arbitrary. Each of the four of us applied for a US passport at various times. My sister sent in her application and received her passport a few weeks later, no questions asked. I had to get an affidavit from my mother declaring that she was a US citizen and confirming various dates that she was in residence in the US. One of my brothers had to provide our mother's school records, which luckily the city still had from the 40's. And my other brother had to get help from his Congressman. Each of us had been acknowledged as US citizens prior and had lived in the US for over a decade, since childhood, before our applications were submitted. Arbitrary happens... Arbitarary because YOU did not know the rues and expected the person doing the passports to know the rules. Often they do not and since that does no tmean they shouldn't answer, they simply make things up. This is a training proble, it is an issue you need to be aware an dan issue you need to insist on fair treatment about. Start by getting the instructions for anything you are doing and rading them carefully. So far in my family of three immigrants... 1. DMV told one son, but not the other, they needed his "marriage certificate" because he was a K-2. 2. The DMV told one son, but not the other, that he needed an SSN for a drivers license (not in Vermont) The same clerk, after being corrected by a supervisor, told the same bad information to another immigrant just a few minutes later while we were within hearing distance! Can you guess how THAT turned out? 3. SS office told one son with a green card, but not the other, that they needed to see his VISA! NO they don't, he has a green card! 4. The passport office office told us we needed permission from the birth father for one son to get a US passport. OR a divorce certificate allowing my wife to get him a passport. This was at the US passport office, NOT the post office. 5.The DMV told one son but not the other that he could have a four year drivers license even though he had a two year green card. I insisted this was not possible, the law only allows the issuance of the license for as long as their authorization in the USA. THEY had told me this when the first son got his license. I showed them in the law. The clerk insisted, INSISTED they "no longer do it that way" and issued him a license for four years. When his two year green card expired they sent a revocation of his license and he had to take the test over again after showing his extension letter!!!!!!!! Nice surprise..."oh by the way, your drivers license is no good as of 3 weeks AGO" Since the license had "expired" he could not just renew it, he had to take the driving test again! 6. My wife was told her green card was not adequate to prove eligibility for employment. She needed an EAD. 7. my wife was told IN WRITING she had to be a citizen for student aid and that her request for an education grant was denied. But the same day another letter arrived telling her she was issued a grant for her education from the same organization (VSAC) This was also after she had received several other student grants. And you have to understand our case has had NO problems compared to some people. In every one of these cases I KNEW what I needed, I HAD the proper documentation and references to their OWN rules with me and corrected each by speaking with a supervisor.	Gary and Alla	Male	Ukraine	2012-05-12 12:39:00
US Citizenship General Discussion	US CITIZENSHIP	i am an LPR since 3-30-2009 now we travelled last march then this month our trip is already booked. now i am aware that i can file for US CITIZENSHIP before 3-30-2012 but because of the trips we had i decided not to file my question is can i still file within this year probably between sept to nov? or do i have to wait for the 5 years window? . Anytime after the date of 3 year eligibility	Gary and Alla	Male	Ukraine	2012-05-05 14:53:00
US Citizenship General Discussion	USC Non-custodial Parent	Hi all, It's time for me to fill out the N-400 application and I'm faced with the same old question on my stepdaughter who is not exactly a stepdaughter because my USC husband doesn't have a joint-custody. He is a non-custodial parent. We only have her 30% of the time and my husband pays some child support. Do you know if I still have to count her as my stepdaughter for the naturalization purposes? - M YES. "ALL children" ALL. Children. List them. My wife listed my sons both grown and on their own and in no ones "custody"	Gary and Alla	Male	Ukraine	2012-05-12 13:03:00
US Citizenship General Discussion	Citizen if Public Benefits recived as Resident?	Hi, my uncle would like to apply for citizenship, he has been resident since amnisty and he is 66 years old, he doesnt have any background with police or inmmigration, his only concer is related to a car accident that he had on 2003 and because that accidente he got disabilty, since then he has been recieving food stamps and medicaid, somebody told him that he is not supouse to receive public benefits as a resident and thet could be a problem in order to apply for U.S citizen.... ANY IDEAS?????????????????????????? tHANKS A LOT There are restrictions on residents receiving public aid, that is true, but it is not forbidden to all and not all are affected. Such restrictions are not an issue for USCIS. Rather than disect that issue, (because even that varies by state)suffice to say that as long as your uncle has made no false claim to citizenship Having received or receiving benefits will not affect his getting citizenship. Making a claim of citizenship when one is not a citizen, particularly to receive benefits, will result in a denial of the citizenship, revocation of his residency and deportation proceedings. Edited by Gary and Alla, 10 May 2012 - 05:52 PM.	Gary and Alla	Male	Ukraine	2012-05-10 17:51:00
US Citizenship General Discussion	Biometrics taking too long	I received my NOA (for naturalization, form N-400), on march 30. I know that I have to wait at least a month after I received the NOA, and then call the USCIS (for the request), but also I know that other users using this site, are saying that the biometrics are good for 15 month. My last biometrics were taking on abril 20, 2011 (removing of conditions), and they received my application on march 23, 2012 (N-400),..... it means that maybe I'm not having the biometrics for naturalization? Somebody has been in the same situation???????????? Possibly. Alla did not. We just got a letter to attend the interview, Her ROC biometrics were within 15 months HOWEVER, when she went for the interview they took her fingerprints and she had to bring a passport photo. So she ended up having them anyway...but not in a separate appointment	Gary and Alla	Male	Ukraine	2012-05-05 14:56:00
US Citizenship General Discussion	selective service	Hi, My husband and I are preparing the application for his citizenship. I thought I had read somewhere that USCIS only checks the last 5 years of the applicant's history. He never registered for selective service. Since the oldest you can be to register is 26 and he is now 32, can they still hold it against him. (He has been and LPR since he was 23.) Does he still need to request a letter from selective service? The naturalization guide here on VJ states "If you did not register with the Selective Service and you (1) are male, (2) are 26 years old or older, and (3) lived in the United States in a status other than as a lawful nonimmigrant between the ages of 18 and 26, send: A 'Status Information Letter' from the Selective Service (Call 1-847-688-8888 for more information)." Can anyone confirm if we need to do this even though it has been over 5 years? Nothing in the instructions provides an exemption for being here over 5 years. It would appear the instructions are describing your husband perfectly... 1. Male 2. Older than age 26 3. Lived in the US as a permanent resident between the ages of 18 and 26	Gary and Alla	Male	Ukraine	2012-05-06 10:41:00
US Citizenship General Discussion	selective service	Call selective services and check if USCIS registered him. They automatically registered my oldest son when we got our greed cards they may have done the same with your husband. He would have had a notification of that. Were you K-1 or CR-1? Our oldest son was NOT automatically registered when he got his green card, we did it at the post office and he was mailed a notification that he was registered. He was a K-2.	Gary and Alla	Male	Ukraine	2012-05-06 11:48:00
US Citizenship General Discussion	Which Way to Go When you Qualify for Both?	Your son will become a citizen when your husband does. Get a US Passport for both of them, as soon as your husband takes his oath and receives his Naturalization Certificate. Correct, we just did this. The amount of scrutiny for becoming a citizen after 5 years is less than for after 3 years. I am not sure I would say it is more difficult, but they will look over your evidence of marriage again, etc. We id it the 3 year route. Not a big deal. I would not wait 2 additional years to avoid the scrutiny.	Gary and Alla	Male	Ukraine	2012-05-05 14:50:00
US Citizenship General Discussion	Blue Passports!	Ukrainian passports are also blue. We got them today. For those with children...we did NOT get a citizenship certificate for Pasha ($600). For his passport we showed Alla's citizenship certificate, Pasha's Green Card and Pasha's Birth certificate with translation. Citizenship certificates ARE optional and you do not need them for children under age 18. Wew have discussed betting him one in the future, though I do not see the need for it, exactly. 2 weeks and 2 days from the time of application without the expedite fee.	Gary and Alla	Male	Ukraine	2012-05-05 14:46:00
US Citizenship General Discussion	For marriage-based naturalization	must the USC spouse go together to the interview place? No. I went and sat in the waiting room. It is not required to go though.	Gary and Alla	Male	Ukraine	2012-05-04 16:03:00
US Citizenship General Discussion	Can you apply for citizenship when are jobless?	Low income on tax filing is a problem? no problem	Gary and Alla	Male	Ukraine	2012-05-03 23:15:00
US Citizenship General Discussion	Possible name change after citizenship all done	I received my citiznship last July so done deal there. Long story short.....my husband was adopted by a stepdad at 15 and changed his name back then (30 yrs ago) despite knowing his birth father. He now regrets that decision (especially since the stepdad left a couple yrs later) and would like to return to his original middle and last name and of course I would follow suit with the last name. Do I need to inform immigration of anything in particular? There would of course be 1 million other places to notify as well - I don't relish the thought. One of the great things about being a citizen is you do not have to tell USCIS anything, EVER again. You will change your name in the local court of your state that handles such things and is is usually a very simple process. Check with your local county or state court on the matter. You will get a name change certificate and use that to change your name on other documents.	Gary and Alla	Male	Ukraine	2012-04-26 19:38:00
US Citizenship General Discussion	Possible name change after citizenship all done	The application for a replacement naturalization certificate is N-565 and costs $345. You would only do this after changing your name, however. You would have to submit proof that your name was already legally changed by a court. I am not sure it's strictly necessary to get a new certificate though. I think it would be sufficient to show your old naturalization certificate and the court order that changed your name as proof of your identity and citizenship. Wouldn't need it. Take your current passport and name change certificate, get a new passport. Passport is proof of citizenship. OR make a copy of the name change certificate and show it with your original citizenship certificate. If a US citizen from birth changes their name, they do not change the birth certificate. She was naturalized as Jan Smith, Jan Smith changed her name to Jan Jones. She is still a citizen.	Gary and Alla	Male	Ukraine	2012-04-26 19:42:00
US Citizenship General Discussion	Error	I made error writing my trips in the form 400 is sent already.Is it possible correct with the IO during the interview? Yep! You will have that opportunity and it is best to be forthcoming about it. They WILL look over your passport. Unless the trips cause a conflict with the requirements for citizenship, it will make no difference. If you forgot a trip of one month or you were off a few days on a vacation...no difference but mention it anyway	Gary and Alla	Male	Ukraine	2012-04-29 16:25:00
US Citizenship General Discussion	sending application 1 day before eligibility date	You cannot file early and it would be terribly silly to be rejected to try and get it there one or two days earlier. That said, they go by when they RECEIVE it, not when you mail it.	Gary and Alla	Male	Ukraine	2012-04-27 17:44:00
US Citizenship General Discussion	Dual US Passports	Did any apply for the Dual US Passports. I guess we can apply for the second passport in order to facilitate the foreign visa issuance. We keep one passport while we send out the other one to foreign embassy for the visa processing. Second passport is only vaild for 2 years. I am wondering if any of you applied and used the second passport for visa purposes. This morning I went ahead and applied for the second passport since I have to renounce the indian citizenship and apply for the OCI indian visa. At that time I have to send away US passport for 2 weeks so indian consulate can stamp the OCI and return the US Passport. My second passport should be ready on Monday. All these steps are entirely new to me and very nice US Govt allows this facility. Next week I have to goto Drivers License and Social Security offices to submit my status change. Any thing else I have to do besided the DL and Social Security? We got passport cards which we can use to go to Canada and use if we ever have to send off passports for visas You are aware that the US does not notify India you have become a citizen of the US, right?	Gary and Alla	Male	Ukraine	2012-04-27 17:41:00
US Citizenship General Discussion	N400 Tax Question	Hi everyone, I arrived in the US on May 24th 2009 Received my green card on August 10th 2009 Started working April 2010. I made no income during 2009. The instructions say that we should include IRS tax returns for the previous 3 years, but I (the non US citizen) did not file any taxes for 2009. My wife (US citizen) filed for 2009 individually and then for 2010 and 2011 we filed jointly. Should I include a letter saying that I made no income during 2009 and did not file or do I need to file now for 2009? if anyone knows what I should do in this situation please let me know. THANK YOU LPRs are required to file tax returns regardless if they have income or not. If you were married at the end of 2009, even on December 31, you should have filed a joint return. If you were not married you should have filed an individual, single, return. File NOW for 2009. If you were married you will need to file "married, filing separate" Goosle "1040-2009" If there is no tax due (and there should not be) then there is no penalty for filing late. Make a copy of your tax return with all attachments (if any) and include it with your I-751. You may also want to look into filing a joint, amended, return for 2009. You may get some money back if you do (provided you WERE married)	Gary and Alla	Male	Ukraine	2012-04-23 18:20:00
US Citizenship General Discussion	N400 Tax Question	yes we were married in June 2009. I didn't know at the time that we were supposed to file married jointly. Im not sure what to do now? Do it both ways. See which is better and file the one that is better for you. Immigration wise it would be better to file the amended joint return. You may be in for a large tax refund if you were married in 2009. The form you want for the amended return is the "1040-X" Edited by Gary and Alla, 23 April 2012 - 06:24 PM.	Gary and Alla	Male	Ukraine	2012-04-23 18:22:00