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  • K Visa FAQ - K1 Fiance Visa, K3 Spousal Visa and other Marriage Based Immigration Questions
    A Complete guide for obtaining a K1 and K3 (plus derivitive) Visa, immigrating, and becoming a US Citizen.


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    Section 8.0....NATURALIZATION (UNITED STATES CITIZENSHIP)

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    Frequently Asked Questions:

    8.1)...When can I apply for United States citizenship?
    8.2)...Am I obligated to apply for United States citizenship? If not, why should I?
    8.3)...Special Note: Be sure to notify the Social Security Administration after Naturalization
    8.4)...Can I still apply for Naturalization even though my I-751 has not yet been approved?
    8.5)...I was reading a page on the naturalization oath you have to take. I am an atheist and don't want to do the 'so help me God' part. Do I have to say that?




    Answers:


    8.1)...When can I apply for United States citizenship?
    A...As a spouse of a US Citizen, you can apply for citizenship 3 (three) years after approval of your Adjustment of Status. Your approval may be noted via any of the following: approval notice (I-797), on your passport (I-551 stamp and date), your green card ("resident since" date). The 3 year countdown begins with that date. This 3 year period does not include long absences from the United States.
    If you came to the United States on a K2 visa, you can apply for citizenship 5 (five) years after approval of Adjustment of Status, as only spouses of US Citizens are eligible to apply for Naturalization after 3 years. However, if a K2 is very young, it is possible that they may be naturalized along with the parent, if the parent becomes naturalized before the K2 turns 18.
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    8.2)...Am I obligated to apply for United States citizenship? If not, why should I?
    A..You are not obliged to become a United States Citizen.
    Probably the most logical reason to become a Citizen is to release your US Citizen spouse from the legal obligations of the I-864 affidavit. The financial responsibility of the I-864 is a liability to the US Citizen spouse which should be removed at the earliest opportunity.
    As a United States Citizen, you can vote, be a juror in the criminal process, apply for employment in areas reserved for Citizens, and obtain a US passport. US Citizens are treated differently than permanent residents by the Internal Revenue Service in matters regarding inheritance and estate taxes. As a naturalized US Citizen, criminal infractions will not automatically result in deportation, as they may with a permanent resident.
    Retaining citizenship in your home country may involve continuing responsibilities regarding taxation or military service.
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    8.3)...Special Note: Be sure to notify the Social Security Administration after Naturalization
    Note....Go to your SSA office after your Naturalization and show them your Naturilazation Certificate so that the SSA computer system knows you are a citizen so that when other government agencies try to confirm your citizenship status with the SSA they can actually confirm it instead of saying you aren't one, thus resulting in your having to go through additional time and trouble in order to prove it to a whole bunch of different people/agencies.
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    8.4)...Can I still apply for Naturalization even though my I-751 has not yet been approved?
    A..Some people will wait over a year for the I-751 approval, so yes, even though the I-751 has not yet been approved, you can still apply for Naturalization. What happens is the I-751 will be processed either before or as part of the Naturalization process, since the I-751 must be approved in order for you to apply for Naturalization 3 years after AOS based on marriage to a US Citizen. This all means that you do not have to wait for the I-751 approval, but it may mean a delay in the Naturalization process.
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    8.5)...I was reading a page on the naturalization oath you have to take. I am an atheist and don't want to do the 'so help me God' part. Do I have to say that?
    A..(USCIS Naturalization Guide)..If USCIS (INS) determines you are unable to use the words "so help me God" because of your religious training or beliefs, you may omit those words.
    A..When I filed my Naturalization application, I included a letter that explained that I was agnostic and therefore could not, in good conscience, say "so help me God", and that I was therefore requesting an affirmation instead of an oath. When I went for my interview, the officer addressed this issue and said that it was *not a problem*. He affirmed that I COULD take the oath as long as I omitted the words "so help me God". He told me that when everyone else said those 4 words, that I should simply NOT say them. On the Naturalization oath form that you sign, he lined through those words.
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    FAQ Note: We will include more on Naturalization experiences as more newsgroup members approach this stage, since the content of the FAQ is primarily derived from actual newsgroup experience. However, we probably will not cover Naturalization extensively, since the USCIS (INS) publishes quite a lot about naturalization on their website, including a list of 100 typical test questions used for the written citizenship exam, and a comprehensive naturalization guide.

    This FAQ is located at http://www.visajourney.com/faq/k1faq.htm



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