need your opinion

[imailin 0]

last week I posted:

"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?"

ok to make the story short, they advised her to change the last name of the baby to her maiden name to just avoid further problems... now, I have a question: how important in this case (more than 5 year residency) will be for USCIS her child's last name? you think tyhey will do a background check on the child and maybe discover she legally changed his name?

thanks

[v333k 59]

last week I posted:

"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?"

ok to make the story short, they advised her to change the last name of the baby to her maiden name to just avoid further problems... now, I have a question: how important in this case (more than 5 year residency) will be for USCIS her child's last name? you think tyhey will do a background check on the child and maybe discover she legally changed his name?

thanks

At this point - all they care about is that she maintained continuous residency and physical presence during the past 5 years. She also needs to have good morals and a clean record... this is all USCIS will care about at this point in addition to passing the civics exam...

[yeiser 0]

Yes, if applying for Naturalization based on 5 year residency, there is no need to prove any relationship with an ex-spouse.

[ELW 5]

Agreed with the others. The child's name or history is not an issue and USCIS will not care one way or the other.

[NickD 202]

Even when my wife applied for citizenship under the three year, we both were previously married, both had children, make that a total of eight kids between us. The USCIS had absolutely no interest in our kids, who had custody, where they were at, nothing. Only had an interest in my wife's daughter that I also petitioned for in that she had permission from her biological father to come here. Once we showed the papers that, that was it, end of story.

If this woman had a baby here, that baby is a US citizen, just don't believe the USCIS will have any interest in that child either. Really wonder exactly what your friend is afraid of.