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imailin

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Filed: Citizen (apr) Country: Argentina
Timeline

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!!!


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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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.


Permanent resident with10 year greencard 

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Filed: Other Timeline

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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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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 by v333k

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Filed: Citizen (apr) Country: Argentina
Timeline

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.


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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Filed: Citizen (apr) Country: Argentina
Timeline

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.


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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Filed: Citizen (apr) Country: Argentina
Timeline

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!


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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Filed: Other Timeline

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.


There is no room in this country for hyphenated Americanism. When I refer to hyphenated Americans, I do not refer to naturalized Americans. Some of the very best Americans I have ever known were naturalized Americans, Americans born abroad. But a hyphenated American is not an American at all . . . . The one absolutely certain way of bringing this nation to ruin, of preventing all possibility of its continuing to be a nation at all, would be to permit it to become a tangle of squabbling nationalities, an intricate knot of German-Americans, Irish-Americans, English-Americans, French-Americans, Scandinavian-Americans or Italian-Americans, each preserving its separate nationality, each at heart feeling more sympathy with Europeans of that nationality, than with the other citizens of the American Republic . . . . There is no such thing as a hyphenated American who is a good American. The only man who is a good American is the man who is an American and nothing else.

President Teddy Roosevelt on Columbus Day 1915

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Filed: Citizen (apr) Country: Argentina
Timeline

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!


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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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.... :P

Edited by v333k

N-400 Naturalization Timeline

06/28/11 .. Mailed N-400 package via Priority mail with delivery confirmation

06/30/11 .. Package Delivered to Dallas Lockbox

07/06/11 .. Received e-mail notification of application acceptance

07/06/11 .. Check cashed

07/08/11 .. Received NOA letter

07/29/11 .. Received text/e-mail for biometrics notice

08/03/11 .. Received Biometrics letter - scheduled for 8/24/11

08/04/11 .. Walk-in finger prints done.

08/08/11 .. Received text/e-mail: Placed in line for interview scheduling

09/12/11 .. Received Yellow letter dated 9/7/11

09/13/11 .. Received text/e-mail: Interview scheduled

09/16/11 .. Received interview letter

10/19/11 .. Interview - PASSED

10/20/11 .. Received text/email: Oath scheduled

10/22/11 .. Received OATH letter

11/09/11 .. Oath ceremony

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Filed: Citizen (apr) Country: Argentina
Timeline

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.... :P

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 by imailin

06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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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.


Naturalization

9/9: Mailed N-400 package off

9/11: Arrived at Dallas, TX

9/17: NOA

9/19: Check cashed

9/23: Received NOA

10/7: Text from USCIS on status update: Biometrics in the mail

10/9: Received Biometrics letter

10/29: Biometrics

10/31: In-line

2/16: Text from USCIS that Baltimore has scheduled an interview...finally!!

2/24: Interview letter received

3/24: Naturalization interview

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Filed: Citizen (apr) Country: Colombia
Timeline

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.

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Filed: Citizen (apr) Country: Canada
Timeline

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.


Wiz(USC) and Udella(Cdn & USC!)

Naturalization

02/22/11 - Filed

02/28/11 - NOA

03/28/11 - FP

06/17/11 - status change - scheduled for interview

06/20?/11 - received physical interview letter

07/13/11 - Interview in Fairfax,VA - easiest 10 minutes of my life

07/19/11 - Oath ceremony in Fairfax, VA

******************

Removal of Conditions

12/1/09 - received at VSC

12/2/09 - NOA's for self and daughter

01/12/10 - Biometrics completed

03/15/10 - 10 Green Card Received - self and daughter

******************

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Filed: Citizen (apr) Country: Argentina
Timeline

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....


06/28/2004. Happily Married in Miami Florida.

09/??/2004 Send I-130, 486 Package and ETC. for AOS

01/??/05 Workers permit received.

Got Social Security Card!!!

08/29/2005 Interview went awesome!

09/??/2005 Green Card arrived!!!!!!!! YUPY!!!!!!!!!!!!!!!!!

Removal of Conditions:

06/01/2007 Send package to TEXAS Service Center

06/07/2007 Received NOA

09/20/2007 Went to get an stamp, denied stamp at the Miami USCIS Office =(

01/31/2008 Transfer to Vermont Service Center (after almost 8 months!)

02/22/2008 This case is now pending at the office to which it was transferred.

02/26/2008 This case is now pending at the office to which it was transferred. (Last Touched)

07/01/2008 : still waiting for a miracle after 390 days of suffering....

07/02/2008: Infopass Appointment. passport Stamp....

07/03/2008: Incredible!!!! Card Production Ordered!!!!!!

07/04/2008: Touched. Duplicate email Card Production Order

07/07/2008: Touched

07/08/2008: Touched. Email with notice of approval

07/09/2008: Touched again!

07/11/2008: CARD ARRIVES IN MAIL!!!!! THANKS!!!! WELLCOME IMMIGRANT LETTER!!! :P

Naturalization Process:

06/23/2010: 06/23/2010 - Send N400 after 5 years of permanent residency. Good luck !

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