Weird question

[imailin 0]

One of my best friends is about to send other citizenship application just like me but I am not sure how to help her with this matter:

she is being a legal perm resident since April 2002 but her marriage ended (not in a nice way) about almost 1 year after he got the perm residency back in 2002. The problem is that now she has the opportunity of a real good job and because she is not a citizen she may not get it. She needs to apply. She is scare for a few reasons. In 2002 she got pregnant and her ex husband was in "bad, bad habits" (drugs alcohol, ect) the baby was born in October 2002 and he not only was nowhere to be found but also she was never able to put the baby's last name under his last name. One of her best friends agreed on give his last name to the baby. after months of searching for him (he went out of state) she was finally able to get divorce in Jan 2003. Now after so many years her citizen application will be based on more than 5 years of citizenship. but you think they will question why her baby borne while married does not have his last name but some else’s that is not even her husband (new) or boyfriend?

I know is a complicate it story.... thats why I don't know how to help.. you think they will give her problems? Do they really care about her kid's last name?

please advice!!!

[meredith pa 0]

Hi,

was her permanent residency based on marriage, like a fiance visa or something?

Im curious about this.

I've been reading in the forum that if 5 years passed, people can use this rule, and is easier than

with that 3 year rule, because they don't ask you all those proof of marriage...

I would really love to know what LPR based on marriage that applied after 5 years

have to say, if they could share their experience.

[Brother Hesekiel 2,235]

Any and all of which you mentioned is completely irrelevant for her citizenship case. She needs to have a 10-year Green Card (hope she has!), and the baby is a US citizen based on being born on US soil anyway. That's it. No Immigration Officer is going to interrogate her about her martial problems of 2003.

Let her file as soon as she is ready and not worry any longer about problems that are nothing but creations of her battered mind.

[v333k 59]

One of my best friends is about to send other citizenship application just like me but I am not sure how to help her with this matter:

she is being a legal perm resident since April 2002 but her marriage ended (not in a nice way) about almost 1 year after he got the perm residency back in 2002. The problem is that now she has the opportunity of a real good job and because she is not a citizen she may not get it. She needs to apply. She is scare for a few reasons. In 2002 she got pregnant and her ex husband was in "bad, bad habits" (drugs alcohol, ect) the baby was born in October 2002 and he not only was nowhere to be found but also she was never able to put the baby's last name under his last name. One of her best friends agreed on give his last name to the baby. after months of searching for him (he went out of state) she was finally able to get divorce in Jan 2003. Now after so many years her citizen application will be based on more than 5 years of citizenship. but you think they will question why her baby borne while married does not have his last name but some else's that is not even her husband (new) or boyfriend?

I know is a complicate it story.... thats why I don't know how to help.. you think they will give her problems? Do they really care about her kid's last name?

please advice!!!

Once a LPR passes the 5 year mark, which your friend clearly is, USCIS no longer cares about the marital relationship that granted the person residency in the US. As long as your friend has a clean record (i.e. not DUI, no jail time, etc...) then he should be fine. There is a section in the application that asks about all these issues that could pose problems... but I am assuming that since he filled it out and you are not asking specifically regarding particular topics, then his application is clear.

hope this helps

Oh one more thought - you mentioned that he is applying for a job that USC is required - I hope that he didn't check that he is a citizen or else this becomes a bigger problem. LPR can never claim to be citizens until Oath is taken....

Edited June 7, 2010 by v333k

[imailin 0]

Hi,

was her permanent residency based on marriage, like a fiance visa or something?

Im curious about this.

I've been reading in the forum that if 5 years passed, people can use this rule, and is easier than

with that 3 year rule, because they don't ask you all those proof of marriage...

I would really love to know what LPR based on marriage that applied after 5 years

have to say, if they could share their experience.

thanks to answer. She got her green card through her marriage. but like I said her ex husband disappear before the baby was born. She had to deal with a new baby, bills and no husband for a while... her friend supported her morally y and economically as well as he gave the baby his last name. She is just scare that USCI officers will question her as why her baby has another last name because she was still married when the baby was born. Her ex was a real garbage! he was not working and was getting into problems at all times, alcohol and drugs did the trick.

[imailin 0]

Once a LPR passes the 5 year mark, which your friend clearly is, USCIS no longer cares about the marital relationship that granted the person residency in the US. As long as your friend has a clean record (i.e. not DUI, no jail time, etc...) then he should be fine. There is a section in the application that asks about all these issues that could pose problems... but I am assuming that since he filled it out and you are not asking specifically regarding particular topics, then his application is clear.

hope this helps

Oh one more thought - you mentioned that he is applying for a job that USC is required - I hope that he didn't check that he is a citizen or else this becomes a bigger problem. LPR can never claim to be citizens until Oath is taken....

Thanks, I am talking about a she. It is a woman. He is the one who lesf. She applied for the job and did not put she was a citizen. she got denied... she needs to be a citizen.

[imailin 0]

Thanks, I am talking about a she. It is a woman. He is the one who lesf. She applied for the job and did not put she was a citizen. she got denied... she needs to be a citizen.

people. you dont think she will be questioned for adultery? even though she did not? should she try to change her son's last name to her maiden name?

thanks!

[Brother Hesekiel 2,235]

We do not have church tribunals in the USA. The sex life of people is none of any Government employee's concerns an no Immigration Officer will DARE to bring this up. Enough of this nonsense!

Whether or not the baby should get another name is a completely different issue and has nothing to do with immigration. Nothing at all.

[imailin 0]

We do not have church tribunals in the USA. The sex life of people is none of any Government employee's concerns an no Immigration Officer will DARE to bring this up. Enough of this nonsense!

Whether or not the baby should get another name is a completely different issue and has nothing to do with immigration. Nothing at all.

Thanks for your help. I am just questioning this because I read of cases where they were denied due to adultery. I do understand and as well as you I agreed that it should not be an issue (specially cause her divorce is based on irremediable differences , not adultery) but she is concern.

sorry to ask you, but on what you based you answered? you seem to be very certain of it?

Thanks again!

[v333k 59]

If she got approved for ROC (which I am assuming she is) then she is good... When a LPR applied for citizenship based on 5 years - then the IO will make sure she has not comitted crimes against others and the US, she has been a good resident, and she satisfied the continuous residency and physical presence rules - should not get involved in her personal life that is outside the boundaries of citizenship requirements.

Your friend will be just fine

adding:

Oh, of course this goes without saying, she needs to pass her interview too....

Edited June 7, 2010 by v333k

[imailin 0]

If she got approved for ROC (which I am assuming she is) then she is good... When a LPR applied for citizenship based on 5 years - then the IO will make sure she has not comitted crimes against others and the US, she has been a good resident, and she satisfied the continuous residency and physical presence rules - should not get involved in her personal life that is outside the boundaries of citizenship requirements.

Your friend will be just fine

adding:

Oh, of course this goes without saying, she needs to pass her interview too....

Thanks, sorry to ask what is ROC? I am not sure about the abreviation? can you tell me?

My BAD!!! REMOVAL OF CONDITIONS?? RIGHT!??? YES SHE DID!

Edited June 7, 2010 by imailin

[Justine+David 218]

Then she's fine as long as she entered the marriage in good faith, didn't lie on any immigration forms, and got the 10 year card, USCIS won't care about her.

[NickD 202]

On the birth certificate there is a place to write down the fathers name, did she leave that blank? Again 50 states, 40 different laws, in Wisconsin, that guy would be charged for child support payments, regardless of whether he paid them or not. This is left up to the parent caring for the child and is at that parents discretion whether to file for lack of child support payments or not. Unless that parent applies for public aid, then that agency will go against the father.

This has nothing to do with applying for USC, just for the protection of the child and the taxpayer. Really sounds like a messy situation and poor handling on the part of applying for a birth certificate and her divorce.

[Udella&Wiz 325]

Thanks for your help. I am just questioning this because I read of cases where they were denied due to adultery. I do understand and as well as you I agreed that it should not be an issue (specially cause her divorce is based on irremediable differences , not adultery) but she is concern.

sorry to ask you, but on what you based you answered? you seem to be very certain of it?

Thanks again!

Agreeing with Just Bob - she is applying for citizenship after being an LPR for 5+ yrs, her marriage is not the basis of the application. What makes you think they will be asking for her child's birth certificate? Your friend is worried about something which is a non - issue. She will list her child (with a US country of birth) in the appropriate section and that is all. Adultery is a pretty antiquated term and as Just Bob said...this is not a marriage Tribunal.

On a personal note...my child has always had a different name then me and I've listed her on every immigration paper over the last 5 yrs...they don;t blink an eye one way or the other.

personally, the only issue I have is why she wouldn't have used her own maiden name for the child on the birth cert...why would she bother using a friend's last name...to me that's just odd.

[imailin 0]

Agreeing with Just Bob - she is applying for citizenship after being an LPR for 5+ yrs, her marriage is not the basis of the application. What makes you think they will be asking for her child's birth certificate? Your friend is worried about something which is a non - issue. She will list her child (with a US country of birth) in the appropriate section and that is all. Adultery is a pretty antiquated term and as Just Bob said...this is not a marriage Tribunal.

On a personal note...my child has always had a different name then me and I've listed her on every immigration paper over the last 5 yrs...they don;t blink an eye one way or the other.

personally, the only issue I have is why she wouldn't have used her own maiden name for the child on the birth cert...why would she bother using a friend's last name...to me that's just odd.

Yes, i know, but she did used her best friend's last name for over 20 years.... maybe she found herself lonelly and his friend supported marally. He s like a father to the child really. She never applied for help and she refuses to take action towards her ex husband... she still feel pity for him and really does not need him in her life. Hopefully you guys are right....