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N-400, US citizen spouse in jail.

By jOHnLei in US Citizenship General Discussion

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jOHnLei Enthusiast

jOHnLei   0

Posted
Filed: Citizen (pnd) Country: Philippines
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Posted

Hi VJ's,

Any input is appreciated.

Anyway, I am now eligible for naturalization. I'll be 3yrs lawfully permanent resident in June 2013, meaning I am eligible for N-400 application this month (March). Married to a US citizen for more than 3 years now, however my US citizen spouse is in jail for almost 7 weeks now. Him being in jail will it affect my eligibility of becoming a US citizen? I am now working with papers and documents that I'll be needing for N-400.

I would appreciate any information! Thanks Lots!

Darnell Grand Master

Darnell   8,478

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http://www.visajourney.com/timeline/profile.php?id=63053 ??

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NickD Grand Master

NickD   203

Posted
Filed: Citizen (apr) Country: Colombia
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Posted

In the five years I have been on this board, this is the first time this question has been brought up. With marriage, suppose to be able to prove you are living together. To the best of my knowledge, never even asked if the US citizen spouse received a parking ticket, and let alone being in jail.

Then is it a jail for some short term or a prison with a life time sentence?

Somebody with far more experience would have to answer this question. Not easy to find anyone on that USCIS 800 number that knows anything. Perhaps an immigration attorney?

Villanelle Experienced

Villanelle   4,122

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Filed: Timeline
Posted

Im inclined to think its similar to other situations where a USC who is imprisoned can petition for K1s or CR1s and successfully obtain them if they can demonstrate the relationship is legitimate. Physically living together is not a requirement, but having a legitimate relationship is thats not to obtain benefits is.

So I dont think its going to be a huge issue, but it is an issue. When one spouse has a questionable moral character it calls into question the legitimacy of the relationship. Ie- someone who is a criminal would have no issue helping an immigrant commit immigration fraud to obtain citizenship falsely.

So it would be a larger hurdle to overcome if the OP is filing based on marriage and the OP may want to consider is it best to file now through the spouse or wait until they are eligible to file on their own.

If they are filing based on their own length of perm residency then it would be a smaller hurdle.

jOHnLei Enthusiast

jOHnLei   0

Posted
Filed: Citizen (pnd) Country: Philippines
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  • Author
Posted

In the five years I have been on this board, this is the first time this question has been brought up. With marriage, suppose to be able to prove you are living together. To the best of my knowledge, never even asked if the US citizen spouse received a parking ticket, and let alone being in jail.

Then is it a jail for some short term or a prison with a life time sentence?

Somebody with far more experience would have to answer this question. Not easy to find anyone on that USCIS 800 number that knows anything. Perhaps an immigration attorney?

I believed he's sentenced for 18months in prison. Ryt now, he is in correctional and he'll be transfer. He was in an accident 2 years ago and flee the scene.

Brother Hesekiel Mentor

Brother Hesekiel   2,236

Posted
Filed: Other Timeline
Posted

Your spouse's professional career is totally irrelevant for your naturalization.

You'd have a problem if you were in prison though. As long as you can escape being arrested, you can truthfully state that you have not been arrested, cited, etc., so it's all good.

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

Penguin_ie Grand Master

Penguin_ie   5,994

Posted
Filed: Citizen (apr) Country: Ireland
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Posted

I'd agree we have never seen this before, but that you should be able to file. Do you still have joint bank accounts, joint lease/ deeds to home. joint bills? Do you visit him often and can prove that?

Alternatively, unless you need to be a USC because you want to petition a relative, why not just wait another two years and file under the 5 year rule? No hassle then.

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

mod penguin.jpg

  • 2 years later...
TBoneTX Grand Master

TBoneTX   45,540

Posted
Filed: Citizen (apr) Country: Ecuador
 Timeline
Posted

Thread from 2013 is now closed to further comment.

VJ Moderation

06-04-2007 = TSC stamps postal return-receipt for I-129f.

06-11-2007 = NOA1 date (unknown to me).

07-20-2007 = Phoned Immigration Officer; got WAC#; where's NOA1?

09-25-2007 = Touch (first-ever).

09-28-2007 = NOA1, 23 days after their 45-day promise to send it (grrrr).

10-20 & 11-14-2007 = Phoned ImmOffs; "still pending."

12-11-2007 = 180 days; file is "between workstations, may be early Jan."; touches 12/11 & 12/12.

12-18-2007 = Call; file is with Division 9 ofcr. (bckgrnd check); e-prompt to shake it; touch.

12-19-2007 = NOA2 by e-mail & web, dated 12-18-07 (187 days; 201 per VJ); in mail 12/24/07.

01-09-2008 = File from USCIS to NVC, 1-4-08; NVC creates file, 1/15/08; to consulate 1/16/08.

01-23-2008 = Consulate gets file; outdated Packet 4 mailed to fiancee 1/27/08; rec'd 3/3/08.

04-29-2008 = Fiancee's 4-min. consular interview, 8:30 a.m.; much evidence brought but not allowed to be presented (consul: "More proof! Second interview! Bring your fiance!").

05-05-2008 = Infuriating $12 call to non-English-speaking consulate appointment-setter.

05-06-2008 = Better $12 call to English-speaker; "joint" interview date 6/30/08 (my selection).

06-30-2008 = Stokes Interrogations w/Ecuadorian (not USC); "wait 2 weeks; we'll mail her."

07-2008 = Daily calls to DOS: "currently processing"; 8/05 = Phoned consulate, got Section Chief; wrote him.

08-07-08 = E-mail from consulate, promising to issue visa "as soon as we get her passport" (on 8/12, per DHL).

08-27-08 = Phoned consulate (they "couldn't find" our file); visa DHL'd 8/28; in hand 9/1; through POE on 10/9 with NO hassles(!).

 
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