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GPD1984 posted a topic in Adjustment of Status from Work, Student, & Tourist VisasMy (now) wife came into the US from Canada on December 1st and was given until March 1, 2018 to find a job on her I-94 which is attached to her passport. On Feb 16th, we got married, however we need to wait for the Marriage Certificate to get processed before we send in the paperwork as we need to attach a copy of said Marriage Certificate to the packet. We also need to send a copy of the I-94 that is attached to her passport. Will she be deportable since the packet will be sent after March 1?
Hi. I have a question regarding the status of my DV visa , whether it will affect, or came up in the future, if i want to apply for naturalization (within 3 years based on marriage to USC). Background of my issue: 1. Have been married to natural born USC (that had left USA since the age of 2) since 2012. 2. Got 1 child together when I was selected for DV . 3. Second child was on the way when i submitted my DS-260 for the DV (I believe i submitted in Nov, and the second baby was born in Feb next year) 4. Have informed consular about the potential birth of the second child before my interview, after the submission of DS 260. Consular officer replied that once the baby was born, i need to provide the passport etc to be included in my application - i was not able to do so and my interview date came (in July). 5. During interview at my local embassy, i was asked how many child i have, i answered two. She asked about the baby - when was the baby born etc (she was trying to verify that i did not lie when i submitted my DS 260 as i put just one child in my form). 6. Was asked if i want to include the baby in it, but i will have to do all the medical and another interview), or to just proceed but my USC wife will have to petition for the baby. 7. I chose to just proceed, and me and my first child got our Immigrant Visa. 8. Activated the GC last year with my first child. 9. Petitioning for my second child this year and hoping to get the IV mid of next year for the move to the USA. ===================================== For all of my child with my USC wife, i know that they can get citizenship automatically provided they entered the USA with I-551 and are staying with the USC mom. (INA: ACT 320) https://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-9983.html A. However, I want to know, should i apply for citizenship, would the issue of my DV visa came up - as I was granted Immigrant Visa (via DV) AFTER my second child was born and that second child somehow was not included in my application even though it was made known to the consular officer during my interview (i did not lie about anything)? (although i am not sure if they have updated my details in their system that I am married to a USC and currently have 2 child together). B. If this can be an issue, would my first child, even after he obtains US citizenship via INA 320, would have it revoked? - considering that he obtains the GC / I-551 via my DV application?
abum posted a topic in US Citizenship General DiscussionHi all. I have a question regarding this - if i plan to naturalize using the 3 year rule, what do i need to do? Background info: 1. Wife is a natural born USC - left USA at the age of 2 and never stepped foot on US soil ever since then. 2. I got selected for DV lottery, activated the GC Nov of last year (2016). 3. My eldest child got included in the DV so he has a GC now. (DV3) 4. 2nd child (youngest) was not included and wife is petitioning for him now (I-130) 5. Currently out of the USA and plan to go back to USA this month (just me and my kid - wife still has to work in home country and taking care of the youngest) 6. Planning to get re-entry permit this month too (I-131) and return to my home country after the I-131 biometric. 7. Will make a move to the USA some time middle of next year after the petition is approved and visa in hand for the youngest. Now my questions: 1. Let's just say i arrive on US soil again maybe July next year (July 2018), how soon can i apply for naturalization? 2. Would having Re-entry permit affects my application? 3. Also once I naturalized using 3 year rule, would my offspring , regardless where he/she is born (obviously out of the USA), be considered as a USC at birth? (i know that the offspring of parents where both parents are USC, will always be a USC IF one of them has been in the USA prior to the birth - but i just want to know that IF, just IF, USCIS considers only my citizenship (via naturalization after being LPR for 3 years), would my child automatically be considered as a USC? Or do i need to spend 5 years as a USC on US soil before that takes place?) - SIDE INFO, prior to getting a GC, I spent 4 years in the USA on J1 visa years ago, completing my bachelors degree - not sure this period can be counted towards that 5 years being USC rule before my offspring can be considered USC at birth). Thoughts?