ForumTitleContentMemberSexCountryDate/Time
US Citizenship General Discussion3 year question
QUOTE
Who May File Form N-400?

2. A Lawful Permanent Resident for at least three years and at least 18 years old,
AND
You have been married to and living with the same U.S. citizen for the last three years,
AND
Your spouse has been a U.S. citizen for the last three years.


http://www.uscis.gov...rm/N-400ins.pdf

QUOTE
If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.


http://www.uscis.gov...ticle/M-476.pdf

Edited by MarilynP, 17 January 2008 - 01:14 PM.

Marilyn.FemaleCanada2008-01-17 13:09:00
US Citizenship General DiscussionMoving After Filing
QUOTE
If you are not a U.S. citizen, changing your address for legal purposes does not change your address on any application or petition pending with USCIS and changing your address on a pending application or petition does not meet the legal requirements of informing USCIS of your change of address. You will need to do both. For most cases, you can now do both at the same time on our website using the Electronic Change of Address tool (available under "Related Links" on this page).

With the exception noted above, all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address. You can do that here on our website with the Electronic Change of Address tool. If you choose to use this online tool, you can complete an electronic Form AR-11 and notify USCIS to update your address on most pending cases.

If you choose not to complete an electronic Form AR-11, you will be required to obtain a paper Form AR-11 and mail it to the address shown on the form. This will delay the process of notifying USCIS significantly. Not filing an electronic AR-11 and choosing to mail in a paper AR-11 will not update your address on any applications or petitions pending with USCIS.

Regardless of whether or not you are a U.S. citizen, if you choose not to use the electronic change of address notification, you will need to call customer service at 1-800-375-5283 to request that the address on your pending application/petition be changed. If you are not a U.S. citizen, you will also need to complete a paper Form AR-11.

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

the quote DM used is if you choose not to file the AR-11 electronically...
Marilyn.FemaleCanada2008-01-14 14:07:00
US Citizenship General DiscussionPASSPORT NECESSARY?
QUOTE
3. Bring identification and provide additional documents if USCIS requests them
You should bring the following identification to your interview: (a) your Permanent Resident or Alien Registration Card, ( B ) your passport (even if it has expired), and ( C ) any Re-entry Permits you have.


http://www.uscis.gov...ticle/M-476.pdf

Edited by MarilynP, 08 January 2008 - 02:28 PM.

Marilyn.FemaleCanada2008-01-08 14:27:00
US Citizenship General DiscussionApplication Date? Resident since April 8, 2005...
QUOTE
If you are applying based on five years as a Lawful Permanent Resident or based on three years as a Lawful Permanent Resident married to a U.S. citizen, you may apply for naturalization up to 90 days before you meet the ''continuous residence'' requirement. You must meet all other requirements at the time that you file your application with us.


http://www.uscis.gov...rm/N-400ins.pdf
Marilyn.FemaleCanada2007-12-01 18:34:00
US Citizenship General DiscussionTime limit to apply for N-400
you can apply any time you want after you have been a permanent resident for 3 years.....

there is no time limit....
Marilyn.FemaleCanada2007-11-14 22:02:00
US Citizenship General DiscussionThinking of leaving US "permanently"
you can apply for citizenship 3 years after getting the green card, conditional or not....... which usually means about 1 year after your conditional green card expires...

Edited by MarilynP, 11 November 2007 - 06:03 PM.

Marilyn.FemaleCanada2007-11-11 18:02:00
US Citizenship General Discussionconfused!! apply for US citizenship or remain as Permanent Resident
you got your permanent residency last April 2007?? if so you wouldn't be able to apply for citizenship until April 2010 anyways....

unless you got your conditional card sooner then that...

you can apply for citizenship , if married to a US citizen, 3 years after you get your permanent resident card (green card) regardless if it is conditional or not...
Marilyn.FemaleCanada2007-11-09 13:32:00
US Citizenship General DiscussionCame in USA as K-1 , when can she apply for USC
did she apply to remove the conditions on her green card?? you have to file form I-751 and evidence of a bona fide marriage anywhere between 90 days and the day the card expires... which would be 2 years after she got the card...

http://www.uscis.gov...00045f3d6a1RCRD

QUOTE (chivasgeo @ Aug 25 2007, 12:44 AM) <{POST_SNAPBACK}>
Hello all,

My wife came in the USA as a K-1 in Jan 2005. We were married March of 2005. She received her (conditional ) Green Card August 2005.

August 2008 will be her 3rd year as an LPR. According to the Guide to Naturization, she can apply for US citizenship 90 days prior to Aug 2008, correct? Or is it the 3rd year after her (unconditional 10-year) Green Card was approved?

Thanks in advanced,

Regards,

George

that is correct....
Marilyn.FemaleCanada2007-08-25 07:38:00
US Citizenship General DiscussionCame in USA as K-1 , when can she apply for USC
wow, you must have gotten the green card pretty quick good.gif

i got mine in less then 2 months...
Marilyn.FemaleCanada2007-08-25 12:30:00
US Citizenship General DiscussionPeriod between AOS and U.S. Citizenship
I am pretty sure you can apply for naturalization/citizenship, 3 years after becoming a permanent resident (conditional or not) if you are married to a US citizen......, someone please correct me if I am wrong about this....

but two years after you get your 2 year green card, you need to file to remove conditions (you can file anytime between 90 days and the day the card expires)....

Edited by MarilynP, 19 August 2007 - 01:04 PM.

Marilyn.FemaleCanada2007-08-19 13:03:00
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...
Marilyn.FemaleCanada2007-07-30 08:14:00
US Citizenship General DiscussionDisability and Citizenship
my father-in-law had to fill out a special form for my mother-in-law....

I think this is the form...
http://www.uscis.gov.../form/N-648.pdf

and this is what it says....

Medical Certification for Disability Exceptions

Purpose of Form :
U.S. Citizenship and Immigration Services regulations require that applicants seeking an exception from the English and U.S. history and government (civics) requirements for naturalization based on physical or developmental disability or mental impairment submit this certification form, completed by a licensed medical doctor or a licensed clinical psychologist, along with a completed application for naturalization (Form N-400). This certification form will be used by USCIS to determine whether applicants for naturalization are entitled to an exception to the requirements.

http://www.uscis.gov...00048f3d6a1RCRD

i guess that answers my question....
Marilyn.FemaleCanada2007-07-31 12:28:00
US Citizenship General DiscussionHow sticky are they about the 90 days

What was the date on her first greencard?

That is the date you count from - not the date she entered.

I think it depends on the visa you entered with...

I came in with a CR1 visa......and the date on my first card is the same date as the day I entered...
Marilyn.FemaleCanada2007-07-28 19:29:00
US Citizenship General Discussionconfuse of the yrs to become a US citizen
you can apply for citizenship 3 years after getting your initial green card, if you are married to a US citizen.....
Marilyn.FemaleCanada2007-07-05 08:33:00
US Citizenship General Discussionlifting conditions and citizenship

what happens if a person does not file for lifting conditions of a conditional resident to become a permanent resident? can a person wait 3 yrs and apply for citizenship if the person is married to the same person? and completely bypass the step of lifting conditions and apply for citizenship?


As soon as conditional residence expires without an I-751 filed, you'll be out of status and no longer a permanent resident. One of the prerequisites for citizenship is a continuous time period of being a lawful permanent resident (normally 3 years less 90 days, if married to a USC during that time). You won't meet that requirement, so you can't possibly become a citizen. Additionally, you'll be out of status, and if you remain in the US, you'll be subject to deportation.

It IS possible to file the I-751 before the deadline, have it waiting for approval, and then file for citizenship before the I-751 is approved. This used to be a very common situation when I-751 approval typically took years. Filing for citizenship forced them to adjudicate the I-751, since it had to be adjudicated before a decision of citizenship could be made. But now that typical I-751 approval is normally significantly less than a year, this situation isn't common anymore.


So file PR lift condition after 1 years 9 month; then file for citizenship the same time?

Or file PR lift after 1 yr 9 mth; then file citizenship 2yrs 9mth after the 1st condition PR issued? :innocent:

file to remove conditions anywhere between 90 days and the time your green card expires...

apply for naturalization anywhere between 90 days and the 3 year anniversary of your green card....


Example :arrive in the US April 2, 2005, get 2 year conditional green card that expires April 2nd, 2007

apply to remove conditions anywhere between January 2, 2007 and April 2nd, 2007

apply for naturalization anywhere between January 3, 2008 and April 2nd, 2008

Edited by MarilynP, 02 July 2007 - 12:40 PM.

Marilyn.FemaleCanada2007-07-02 12:39:00
US Citizenship General DiscussionHow long are you going to wait before you apply for citizenship...
well, I am eligible March 2008..... but I think I might wait a year or two more... depends....
Marilyn.FemaleCanada2007-04-03 12:09:00
US Citizenship General DiscussionConfirm my suspicions?

OK, we've finished the removal of conditions part, now looking toward naturalization.

Note our timeline in our signature. Lucy came in on a CR-1 visa, thus got LPR status the day of entry into the US. We started living together as a married couple on that day. We had lived together for a few months before our wedding, but from April 7, 2004 until Jan 22, 2005, we were married but living in separate countries waiting for the visa approval.

We know the continuous residence period is three years when married to and living together in valid marital union with a US Citizen spouse.

We also know that you can apply 90 days before completing the continuous residence requirement, but that you must have completed all other requirements prior to applying.

Our case is unusual because we had not been living together as a married couple before gaining LPR status.

If we had been living together as a married couple for a few months before being approved with LPR status, then there's no question that we'd be able to send the N-400 90 days before completing three years as an LPR (approximately Oct 24, 2007).

But by my reading, we're not yet eligible, since in Oct of 2007, we won't have completed three years living together. I think the earliest we can safely mail the N-400 is Jan 22, 2008, because on that date, we will have completed living together as a married couple for three years.

Has anyone run across this issue? Can anyone authoritatively confirm or deny my reading of the requirements?

isn't this the case for most people??..... because you need the visa in order to move to the US so you can live together..... is it even possible to live together before you gain LPR status, I mean if you come to the US with a CR1 visa??

my hubby and I didn't live together before I gained LPR status.....
Marilyn.FemaleCanada2007-04-17 08:08:00
US Citizenship General DiscussionConfirm my suspicions?

REQUIREMENTS:
If you are at least 18 years old and:

Are currently married to and living with a U.S. citizen;

and

Have been married to and living with that same U.S. citizen for the past 3 years;

and

Your spouse has been a U.S. citizen for the past 3 years.



Continuous Residence: 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer.



If you are applying based on 5 years as a Permanent Resident or 3 years as a Permanent Resident married to a U.S. citizen, you may file for naturalization up to 90 days before you meet the continuous residence requirement. For example, if you are applying based on 3 years of continuous residence as a Permanent Resident married to a U.S. citizen, you can apply any time after you have been a Permanent Resident in continuous residence for 3 years minus 90 days. You may send your application before you have met the requirement for continuous residence only. Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application. You must also meet all the other eligibility requirements when you file your application with USCIS.


http://www.uscis.gov...ticle/M-476.pdf

I am trying to understand that statement :wacko: So I could file for residency 90 days before the 3 years but only if I have been married and living in the US with my spouse for 3 years at that time.... That kind of sucks for the CR1 people, they have to wait a bit longer before they can file.....

Edited by MarilynP, 17 April 2007 - 08:24 AM.

Marilyn.FemaleCanada2007-04-17 08:16:00
US Citizenship General DiscussionConfirm my suspicions?

Therefore, you must still have been married to and living with your U.S. citizen spouse for 3 years before you may file your application.


That sentence, as Marilyn quoted from the M-476, is the one which most clearly seems to indicate you must have been living together for at least three years. Of course, the M-476 isn't as authoritative as the law or a court decision. And maybe I'm reading the "living with" in a way that the writers didn't intend, but it sure sounds like that means living in the same house under the same roof.

isn't this the case for most people??..... because you need the visa in order to move to the US so you can live together..... is it even possible to live together before you gain LPR status, I mean if you come to the US with a CR1 visa??


Most people here seem to enter on a K visa and adjust status, or perhaps enter on a K visa, and later go abroad for a short trip to get a CR-1 visa. The other popular route is to get a CR-1/IR-1 visa via DCF, which often requires that the USC have residence status abroad in the alien's country. In all of these routes, the couple would have some time living together before gaining LPR status. It was only recently (about mid-2004) that I-130s filed at the USCIS started being processed in under a year. So it's only now, three years later, that this situation is coming up commonly. Then again, I'd guess it probably came up before the K-3 visa was invented, when the CR-1/IR-1 was the only route for a married couple.

But yes, if the USC has lived in the US for virtually the entire time, and the alien stayed abroad while getting a CR-1 visa, then I'd expect the couple would proably be in our situation, where they only started living together on the day the alien got LPR status.

mmmm, but one of the requirements is that you have to have had continuous residency for 3 years as a LPR.... this is all very confusing :wacko: :lol:
Marilyn.FemaleCanada2007-04-17 13:01:00
US Citizenship General DiscussionValid Canadian Passport
I was just reading this ..... a Guide to Naturalization and on page 48 they have the document checklist... it doesn't mention anywhere that you need your foreign passport when you are applying for Naturalization...

Edited by MarilynP, 26 March 2007 - 02:47 PM.

Marilyn.FemaleCanada2007-03-26 14:42:00
US Citizenship General DiscussionValid Canadian Passport
i found this on page 14 of the guide I mentioned earlier....

If I am a U.S. citizen, is my child a U.S. citizen?
A child who is born in the United States, or born abroad to a U.S. citizen(s) who lived in
(or came to) the United States for the required period of time prior to the child's birth, is
generally considered a U.S. citizen at birth.
A child who is:

* Born to a U.S. citizen who did not live in (or come to) the United States for the
required period of time prior to the child's birth, or

* Born to one U.S. citizen parent and one alien parent or two alien parents who
naturalize after the child's birth, or

* Adopted (stepchildren cannot derive or acquire citizenship through their stepparents)
14 and is permanently residing in the United States can become a U.S. citizen by action of
law on the date on which all of the following requirements have been met:
* The child was lawfully admitted for permanent residence*; and
* Either parent was a United States citizen by birth or naturalization**; and
* The child was still under 18 years of age; and
* The child was not married; and

* The child was the parent's legitimate child or was legitimated by the parent before
the child's 16th birthday (children born out of wedlock who were not legitimated
before their 16th birthday do not derive United States citizenship through their
father); and

* If adopted, the child met the requirements of section 101( B )(1)(E) or ( F ) of the
Immigration and Nationality Act (INA) and has had a full and final adoption; and

* The child was residing in the United States in the legal custody of the U.S. citizen
parent (this includes joint custody); and

* The child was residing in the United States in the physical custody of the U.S.
citizen parent.

If you and your child meet all of these requirements, you may obtain a U.S. passport for the
child as evidence of citizenship. If the child needs further evidence of citizenship, you may
submit an "Application for Certificate of Citizenship" (Form N-600) to USCIS to obtain a
Certificate of Citizenship. (NOTE: A child who meets these requirements before his or her
18th birthday may obtain a passport or Certificate of Citizenship at any time, even after he or
she turns 18.)

*NOTE - Children who immigrated under the "IR-3" or "IR-4" categories must have had an
immigrant petition filed on their behalf before their 16th birthday; see answers to Question
26. All adoptions for any other type of immigration benefit, including naturalization, must
be completed by the child's 16th birthday, with one exception: A child adopted while under
the age of 18 years by the same parents who adopted a natural sibling who met the usual
requirements.

**NOTE - The "one U.S. citizen parent" rule applies only to children who first fulfilled the
requirements for automatic citizenship (other than at birth abroad) on or after February 27,
2001. In order to qualify for automatic citizenship (other than at birth abroad) on or before
February 26, 2001, both of the child's parents must have been United States citizens either
at birth or through naturalization - both parents if the child had two parents; the surviving
parent if a parent had died; the parent with legal custody if the parents were divorced or
legally separated; or the mother only, if the child had been born out of wedlock and the child's
paternity had not been established by legitimation.


Edited by MarilynP, 26 March 2007 - 02:54 PM.

Marilyn.FemaleCanada2007-03-26 14:49:00
US Citizenship General DiscussionGreen Card..............FAQ

Yes, as Jen mentions above, you'll have to get conditions removed first, and then a year later (still married *fingers crossed*), you can apply for citizenship. I can't wait either! Hubby and I are both very into politics, and I want to actually vote in this country :D


so i can can apply aftre 3 years instead of 5 years?

yes, you have to be a resident for 3 years....

and you do not necessarily have to have the conditions removed before you can apply for citizenship.. for some people it can take longer then a year to get the conditions removed but you can apply for citizenship as soon as you have been a resident for at least 3 years....

I hope that all made sense :wacko:
Marilyn.FemaleCanada2007-02-02 12:24:00
US Citizenship General DiscussionN-600 rejection Notice I-797C

My entire N-600 was sent back to me in the mail.

I missed page 9 of the form when I was organizing my

packet. The question I have is What do I do with

my cashier's check? It says to resubmit  form with

appropriate fees. Do I just go to the bank and deposit

old one and buy a new one, or can I mail the same check?

 

Thank you!

You can mail the same check

 

BUT

 

I NEVER recommend using a cashiers check or MO for any purpose in this process..  Use a regular personal check.  You can more easily verify it was deposited and receive case number information off the back of the check.  If it is not a big deal for you...go to the bank, deposit the cashiers check and write a personal check from your regular account.  They DO accept personal checks.

 

Correct the issue and re-submit everything.


Gary and AllaMaleUkraine2013-10-06 17:14:00
US Citizenship General DiscussionDenial of Citizenship

That was unfortunate that it was only a day before he could become a citizen and made the mistake. But claiming citizenship on any form or id and you are not a citizen yet will definitely get denied.
I know someone that made the same mistake. I think the best step right now is consult a good immigration lawyer. I don't think this will get him deported if he reapplies. He's got a green card, he can renew it when it expires.
Hope someone here in VJ can provide more info.
Good Luck. :)


Unless they offer the oath at the time of the interview (rare) he does not become a citizen until he takes the oath, for Alla it was more than two months until the next ceremony.

He is subject to having his green card cancelled and being deported.

Be very careful NEVER to claim to be a citizen if you are not and do not have a certificate saying so IN YOUR HAND.
Gary and AllaMaleUkraine2012-04-09 20:59:00
US Citizenship General DiscussionDenial of Citizenship

THIS!

It made me so aggravated after renewing my license online. The register to vote option is auto-checked and I had to double back to uncheck it before paying.


Very dangerous. Our son just recently had to renew his drivers license and he filled out the forms himself, he had checked off to register to vote, not knowing he could not! He gave it to me to look over and I tore that part off and destroyed it. I wish they would not do that but there has been this push to register everyone to vote and little regard is paid to this when it is thrust upon the DMV. They just want to make it easy and be done with it.
Gary and AllaMaleUkraine2012-04-09 21:03:00
US Citizenship General DiscussionDenial of Citizenship

I have seen controversial decisions regarding false claim of US Citizenship. The Board of Immigration Appeals has ruled that an alien who falsely claimed US Citizenship on his I-9 IS NOT AUTOMATICALLY precluded from establishing Good Moral Character in removal proceedings. The Ninth Circuit Court of Appeals decided false claim of Citizenship make the alien deportable.

He must find the best lawyer to fight "possible" deportation,but forget Citizenship!.


An I-9 is filed at the time of hiring. He was applying for a job. No doubt the job required US citizenship. If this is the case he knowingly lied to get a benefit, that is fraud. That is not a mistake, that is a material misrepresentation. A "whopper" as we used to say.

All ahs been looking at a lot of jobs which require citizenship and has neld off applying until her ceremony. This is a huge problem

As for a lawyer, be careful. There are any number that will take your money and make promises, if you are going to fight this get someone with a record of being able to do something and be HONEST with him/her.
Gary and AllaMaleUkraine2012-04-09 21:13:00
US Citizenship General DiscussionDenial of Citizenship

This makes me actually wonder when this "are you a USC?" question in the process is verified. Is this a one time thing before or after the interview or is it continuously monitored from the time you apply for N-400? What if someone (or someone else on someone's behalf) made this mistake in the past, should one be worried about this even after interview.

I'm a little bit paranoid, I admit, but that's because I was thankfully able to correct it once on mortgage closing documents before I signed them. The company had mistakenly filled out I was a USC which I noticed at closing. Corrected the mistake with my initials and then signed it. The irony is that it wouldn't even mattered for the mortgage application as GC-holders are permitted to have mortgages anyway.


They verified it again today when Alla took the oath and asked if at any time between her interview and today she had claimed to be a US citizen.

You can NOT, claim to be a US citizen EVER, if you are not a US citizen. Until you take that poath and they habd you the certificate you are NOT a citizen.
Gary and AllaMaleUkraine2012-04-09 21:19:00
US Citizenship General DiscussionDenial of Citizenship

Yeah, in this case it's pretty clear that the I-9 close to interview did it. What I wonder is, suppose one would have claimed such a thing in the past (before filing N-400) would someone still have to show up for an interview or would someone be denied without an interview. I guess so, I haven't heard of people being denied before an actual interview. From my understanding the interview is the last chance to straighten things up with USCIS.


It was not an I-9. It was an online application for a job.
Gary and AllaMaleUkraine2012-04-09 21:21:00
US Citizenship General DiscussionDenial of Citizenship

To the top. Any care to share ?

:ot: I wish I don't open this thread.
It made me scared of the fact that there is any mistake along the way. Who know those 5 years, I made several DMV visits, I might check citizen or any DMV employees chose it for me. I don't remember at any point I purposely considered myself as a USC. I never made any check if it is on the list. My N-400 bio is done. waiting for interview.

Any one share the same concern ?


No. But it is one of the reasons I have always made it a policy that I fill out ALL forms of any type for anyone in this family. That means college applications of which we are up to about 100 or so (maybe exagerating but only a bit)drivers license renewals (I caught one mistake with our oldest son)income tax, etc. It is just something you have to be very careful about. It is another reason I am glad Alla's and Pasha's citizenship is done. It is a big relief.
Gary and AllaMaleUkraine2012-04-11 22:12:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

The issue at hand isn't that she had a gun permit...it's that she made a false claim to citizenship which is very bad, and something you can't take back. I would suggest seeking advice from a good immigration attorney.

Exactly.

False claims of citizenship for any reason disqualify her for citizenship. It is a deport-able offense. Done deal.

Make SURE you never to claim to be a citizen if you are not. You are not a citizen until you take the oath and are handed the certificate.
Gary and AllaMaleUkraine2013-03-12 13:56:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

Off Topic: Makes you wonder how a responsible government could allow stupid people to have guns, let alone a concealed carry permit.


Exactly. This is why the government should not be trusted to distribute our RIGHTS on a permit basis. All states should be like Vermont and allow ANYone to carry concealed weapons without begging permission from the Great White Father.

Our crime rate here is far lower than PA and anyone, including visitors from other countries, can carry concealed handguns.

It is shame this woman has disqualified herself for something that made no difference and should not even be required in a FREE country.
Gary and AllaMaleUkraine2013-03-12 14:00:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

She must have renewed it 4 times if it was issued back in 1988. I can understand perhaps making the mistake once, but to continue to check that box 4 more times? She is applying for naturalization, so I am assuming she didn't just figure out she isn't a citizen or she wouldn't have applied in the first place. I warn my husband all the times to make sure he reads and rereads every single form he fills out in this country. I agree with a previous poster who said that there are even US citizens that don't realize their alien spouses are not citizens, they just assume marriage makes it automatic. It needs to be more clear to people before they arrive to never, under any circumstances claim proof to citizenship, before you actually are. And like Gary said, it's a shame she will be disqualified for something that wouldn't have made a difference whether she was a LPR or citizen. Posted Image



US citizen spouses need to help their LPR families with this. This can be so tricky. Alla decided to renew her drivers license online because it is "easy and fast" The problem is that the form "default checks" the YES box to the question as to whether you are a US citizen or not and you have to read that an "UN-check" the box. It also asks if you want to register to vote and again the "yes" box is checked and you have to "UN-check" it.

These kinds of things can cause lots of problems and we simply closed the online renewal and went to the local office, dealt with a human being and made sure to say she was an LPR and handed over green card as ID. Sergey is doing the same. LPRs can have drivers licenses, I do not want to come anywhere NEAR a system than could mess up her and the children's benefits for NO REASON!

LPRs ARE allowed to vote in LOCAL and STATE elections for which no registration is necessary, for example in our school elections you need only show some form of evidence you live in the school district to vote...a utility bill for example. THIS is OK. IF your state or local elections require you to be registered for FEDERAL elections in order to vote, then STAY AWAY

Incidentally, Alla enjoys shooting both rifles and handguns and purchased 3 firearms as an LPR, which is perfectly legal, and went through the background checks. She had no need to claim citizenship as LPRs are allowed to purchase firearms.

Vermont is a FREE STATE and allows any person here to carry concealed weapons so that is not an issue for FREE people anyway.

If you or your family member are an LPR be VERY careful about this and perhaps establish some procedure to have more than one person review any such documents to make sure no one actually claims citizenship by mistake.

BTW this woman in NO WAY "made a mistake" she claimed citizenship multiple times to renew her concealed permit. Not that I care, I don't think she should even have to have a permit, but no one is buying the "Oops, I made a mistake ...5 times" story. USCIS certainly will not
Gary and AllaMaleUkraine2013-03-12 14:31:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

I live in Georgia. I don't know PA's concealed carry laws, but in my state all you have to have is a photo ID, proof of residency/proof of legal presence, be 21 years old, and have whatever cash the county you are applying in requires for application. Beyond that there's a background check to see if you have any criminal or mental health issues. There are no state laws concerning training, whether or not you own a gun, no test to pass.

Crazy? Yes. Ask me how I know this? I have a concealed carry permit the government has no idea if I own a gun or not. In my state it's legal to buy a gun from an individual and not register the thing.

Now as for this person's problem, I would most assuredly follow Darnell's advice. If there is no way to straighten it out with the State of PA then I would contact a good immigration attorney. I know everybody here is well aware of the damage claiming to be a US Citizen can cause, but there are nuances to immigration law that an experienced attorney worth their salt would know. They may say stay with the LPR and withdraw the application, but it can't hurt to ask.


Georgia is almost a FREE state. Their crime rate would go down if they allowed anyone to carry concealed without the silly permit.

Does anyone think criminals do not carry guns because they don't have a permit? :lol:

firearm registration cannot prevent crime any more than car registration can prevent drunk driving. Very few states have firearm registration ...because it is stupid and there are only a few states controlled by enough stupid people to actually pass such a law.


I doubt an attorney can help, the law is abundantly clear, but there are plenty that will take her money and say they can.
Gary and AllaMaleUkraine2013-03-12 14:39:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

:thumbs:

I went with Paul to the DMV to get his driver's license. Even though he already knew to check the "alien" box I kept reminding him while he was filling out the application. And anytime he has gone to fill out a job application or credit application or ANY paperwork at all I remind him that if it asks a question about citizenship the answer is NO. He is and will be a alien until he is granted citizenship and that won't be for some time now.

The thing we found is that when you went somewhere that the question came up they would ask Alla if she were a US citizen and she would say "no" the response...

:blink:

Yeah, you know the look. "Boiled fish" they say in Russian "Eyes open but nothing there". "Deer in the headlights" in English. Then you have to go through the lineup of untrained clerks and several layers of supervision that have no clue what to do next because you are the FIRST one that ever said "no" to that question in all 7 weeks of their employment and they were never trained WHAT to do for THAT! Read the forum threads on people getting their SSNs or drivers licenses. The untrained idiots have no trouble making up an answer from thin air!

It is easy to see where someone might just say "To heck with this, YES I am a citizen"

DON'T DO IT!
Gary and AllaMaleUkraine2013-03-12 15:23:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

Yes, we had quite a time getting Paul situated with a driver's license. And pretty much everywhere we've been when he answers the question saying he's an alien, filling in his A# all we hear are crickets chirping. I definitely see where a person would do just what you said. But, you know, didn't the receiver of the application ever wonder why that question is even on the application if there weren't something they were supposed to do with that particular information? I mean, if it's just to be assumed that you'll only be getting applications from citizens, why even have the question?


Some privileges require additional checks for non-citizens. For example, when Alla purchased firearms she had to show she had been a resident of Vermont for at least three months prior to the purchase. We did that with bank statements with our address. That WAS a federal law for LPRs to buy firearms. It was just recently changed (after Alla became a citizen)so they do not have to show any more proof of residency than a citizen now...drivers license for example.

Vermont DMV requires a waiting period to check the validity of an LPRs documents, but they give you a temporary "paper" license while they do that and the official license comes in a week or so.

What it means is there ARE reasons that it makes a difference in processing, though not in final result, but ANY claim to citizenship disqualifies a person if they are not a citizen. The OP in question would have been issued a concealed carry license anyway but maybe it would have been delayed a few weeks or something and they did not want to wait.
Gary and AllaMaleUkraine2013-03-12 15:59:00
US Citizenship General DiscussionAccidental Claim to US Citizenship back in 1988

In the US, at least 15 since 1992, average of wrong convictions in the US is at least 1%. The statistics are very weak on this subject, only those with sufficient funds could afford to defend their innocence. In particular Blacks in the south.

But this is not my point, too many on this post are prejudging without sufficient knowledge nor evidence. These are the kind of people that are responsible for at least that one percent of wrongful convictions. Do you fit into this group?


The rule about claiming false citizenship is clear. You can't. She did.

She will not be prosecuted, she will be deported.

Edited by Gary and Alla, 13 March 2013 - 02:41 AM.

Gary and AllaMaleUkraine2013-03-13 02:39:00
US Citizenship General DiscussionI-751 and N-400 together?

Not sure if this topic goes here or Removing conditions, but...I filed my wife's ROC and got her biometrics appointment. However, during this process we will have reached the 3 year marriage mark and are eligible for filing N-400 for citizenship. Can both be done concurrently? Appreciate your replies.


YES

But not because of your MARRIAGE date. She must be a 3 year permanent resident also.

However, currently, ROCs are taking so long that some people are becoming eligible to file the N-400 before they receive the new green card...and you CAN. simply provide a copy of your expired green card and the extension letter in lieu of a copy of a 10 year green card

However

You must have been married for 3 years AND been a permanent resident for 3 years AND have actually resided in the United States for 3 years.

IF you meet those requirements then you CAN file the N-400 even though your ROC is not yet approved. You can file the N-400 3 months (90 days actually) before her third anniversary as an LPR

ask your RUB wife about all the references to "3" in this process. :lol:

Hello. Among the documents required to apply for N-400 is a copy of the GC. How were you able to submit the N-400 without having the actual 10 yr GC in hand in order to submit a copy of it. My wife and I are in the same situation like you. Her GC extension notice expires in May 5 and early next month she would be able to apply. So that means that we would be able to apply for it without having not even a final decision on it?


copy of Expired green card and extension letter works. Many people are doing this because I-751s are taking terribly long right now
Gary and AllaMaleUkraine2013-03-12 17:16:00
US Citizenship General DiscussionI-751 and N-400 together?

No, you are misreading the requirements for N400. You need to be 3 years married and ALSO 3 years -90 days of being a LPR. If you are filing ROC now then I know you are not 3 years of being a LPR yet.


Sergey's I-751 took 11 months to process. No RFEs, no interview. The green card came in the mail almost exactly 11 months after we filed his I-751. If he had been a spouse, rather than a child of a spouse over 18, he could have filed his N-400 before his new green card came.

Currently this is not unusual given the lead times for approving I-751s.
Gary and AllaMaleUkraine2013-03-12 17:20:00
US Citizenship General DiscussionTax return

Hi folks,
We planned to file 2012 tax return separately as my tax return will be little complicated. Last 3years, we filed jointly 2 times. It will effect on my N400 app or not?
Any input is appreciated.
Unique

No affect

Be prepared to provide a copy of your spouses return as evidence of marriage also. With separate returns each of you will have to list your spouse on your separate returns

We found that they were MOST strict about reviewing our relationship at the citizenship phase BECAUSE being a spouse of a citizen gives you a fast track to citizenship. Our other interviews, when we had them were virtually "no questions asked" but for this one they kept her in there for nearly a half hour and asked a lot of questions about our relationship and marriage. Since your marriage is still providing a benefit (3 year instead of 5 year citizenship) and since once you get citizenship they are "done" with you, they do examine it fairly closely. You are allowed to file separate but be sure to provide plenty of evidence of your ongoing marriage.
Gary and AllaMaleUkraine2013-03-12 17:27:00
US Citizenship General Discussionsticky 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" :whistle:

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 AllaMaleUkraine2013-03-12 15:37:00