denied of US citizenship

[mokang 1]

hello everyone, I have this problem to share and don't know how I can be of help to a friend of mine..

She entered US on a K1 visa (2005), eventually she got her AOS approved and she is a Legal Permanent Resident, and her husband (USC) petitioned for her son in Singapore last 2007. However, things got complicated with her and her husband and she decided to leave him last Feb2009. She was denied of her US citizenship application last year since it was required that she MUST still be living with her husband to establish financial stability and or whatever demands there was at the time of her interview. Right now, she is battling with the child support (since she got pregnant in 2008) and the USCIS have sent a letter for deportation of his son. And with the current economic condition, she doesn't have a job, loaded with debt and relies on the child support alone for survival.

she is planning to file again for US citizenship but she fears of being denied again, plus the deportation issue of his son should have been taken full financial custody/support by her husband who in the first place signed the affidavit of support, filed & petitioned for the kid, right? Can she leave the country and leave the two kids back in singapore and go back again here to settle everything? Can she petition again her two kids when the time comes that she is financially able? And can it be resolved in court if ever the father of her second child assumes custody even if she wants both her kids to be sent back to singapore?

thanks.. it will be a big help to pass on to her your views and opinions!

[aleful 1,905]

hello everyone, I have this problem to share and don't know how I can be of help to a friend of mine..

She entered US on a K1 visa (2005), eventually she got her AOS approved and she is a Legal Permanent Resident, and her husband (USC) petitioned for her son in Singapore last 2007. However, things got complicated with her and her husband and she decided to leave him last Feb2009. She was denied of her US citizenship application last year since it was required that she MUST still be living with her husband to establish financial stability and or whatever demands there was at the time of her interview. Right now, she is battling with the child support (since she got pregnant in 2008) and the USCIS have sent a letter for deportation of his son. And with the current economic condition, she doesn't have a job, loaded with debt and relies on the child support alone for survival.

she is planning to file again for US citizenship but she fears of being denied again, plus the deportation issue of his son should have been taken full financial custody/support by her husband who in the first place signed the affidavit of support, filed & petitioned for the kid, right? Can she leave the country and leave the two kids back in singapore and go back again here to settle everything? Can she petition again her two kids when the time comes that she is financially able? And can it be resolved in court if ever the father of her second child assumes custody even if she wants both her kids to be sent back to singapore?

thanks.. it will be a big help to pass on to her your views and opinions!

she was denied because she no longer lives with her husband, she cannot apply to the 3 year rule of applying for citizenship, since she must live with the USC and present taxes, and bills.

she can file citizenship for herself at 5 years of receiving her GC, 90 dias prior to her date of becoming a LPR she can file for citizenship.

so it depends on the date she became a LPR, she has to wait 5 years since she no longer lives with USC.

[mokang 1]

thanks aleful.. that means she can file on 2012 for the citizenship. but what about the status of her son? if she is a LPR, automatically the issue for deportation is disregarded? i really don't have idea.. but thanks again!

[justashooter 430]

thanks aleful.. that means she can file on 2012 for the citizenship. but what about the status of her son? if she is a LPR, automatically the issue for deportation is disregarded? i really don't have idea.. but thanks again!

agreed that by seperating from her husband she is now in the 5 year category, rather than the 3 year category. personally, i have never thought citizenship should be so easy, but that's the way it is... the petition for her son is probably refuted now because she cannot meet the sponsorship qualification, having no income. with a new baby, she will need to meet the 125% of poverty level standards for a family of 3 in order to petition the older child. she should have wrapped up all of these loose ends before ditching the stupid kano. jumping the gun has made it all the more complicated for her.

[JimVaPhuong 4,863]

Ok, I understand why they denied her citizenship. As others have said, she no longer qualifies for the 3 year rule.

You say her husband petitioned for her son two years after she came with a K1 visa. Makes sense, since her son wouldn't be eligible for a K2 after two years. So, I'm presuming he came on an immigrant visa, a CR2 or IR2 perhaps? So why is her son being deported? Her financial status shouldn't make any difference since her husband sponsored him. Did her son ever get a green card? Or, did the kid come as a visitor and her husband filed a petition and AOS application while the kid was in the US? What is her son's current status, and why is he being deported?

Getting support for the son is a matter for the family court system. USCIS doesn't issue child support orders. She could try to use the I-864 as a basis to request child support, but odds are that the family court judge is going to disregard it. Most states have firm guidelines for child support which the judge is compelled to follow. But she isn't going to get anything until she goes to court and asks for it.