Naturalization-Never sworn in

[gemini23nj 2]

Hello! I am trying to assist my ex husband with his Naturalization. Here is the story.

1. We were married 7 years, he applied for citizenship (1998)

2. He passed the written test, and interview, for some reason they requested an additional 2 years of income tax. advising my that once that was submitted he would receive a date to return for oath?

3. Not even kidding, at least 3 years past, no additional information. I had made a few phone calls, I was "assured" by an INS officer that if anything was missing in my husbands application, it could take longer than three years to actually obtain naturalization. At this point, it wasn't that we were in a hurry, he was a permanent resident, so we waited.

4. Well, we ended up separating in 2001 after 12 years together, and now divorce. However during our very emotional separation, a letter came from USCIS, an appointment for my ex husband. It was THE LEAST important issue in our lives at that time. He never showed up for the appointment.

5. It is now 2006, and wounds are healing, the dust is settling and I am trying to help him to complete the naturalization process. He has a son who is 13 years old living in his homeland (costa rica) that he would like to bring here, I told him I would help with the paperwork. The child is brother to my two children, and I love him to death, but now that we are divorced, I can no longer petition for him to join us in the USA. If my ex completes his citizenship here in the USA, it will facilitate his son to arrive here, by years!!

6. I believe that he is going to have to start from scratch, retest, repay fees , etc. etc. but my ex spoke to an ATTORNEY that was going to charge him a lot of money to try and "find his old application/status" with USCIS. I don't believe that, at all ,but I promised him that I would check. (with this forum of course:) ) befoe I began his paperwork again. Any information that any of you can provide would be greatly appreciated.

Edited March 21, 2006 by gemini23nj

[meauxna 15]

6. I believe that he is going to have to start from scratch, retest, repay fees , etc. etc. but my ex spoke to an ATTORNEY that was going to charge him a lot of money to try and "find his old application/status" with USCIS. I don't believe that, at all ,but I promised him that I would check. (with this forum of course:) ) befoe I began his paperwork again. Any information that any of you can provide would be greatly appreciated.

I agree with you that refiling likely makes the most sense. It does not however, make the most money for the attorney.

I'm not sure what part you do not believe in there.. but looking up an old case like that could be very time consuming. Most offices are processing naturalization within 6 months of application right now.

He should also look into Direct Consular Filing for his son and see if the Consul in CR will let him file the I-130 down there; it would be a lot faster (once your ex has his oath).

[gemini23nj 2]

Thank you for the input! " I don't believe" that there is anything the lawyer could do for him, kinda like separating an onion, a lot of layers and a lot of tears:) I-130 Direct Consular idea is great, I didn't think of that!!

[meauxna 15]

Thank you for the input! " I don't believe" that there is anything the lawyer could do for him, kinda like separating an onion, a lot of layers and a lot of tears:) I-130 Direct Consular idea is great, I didn't think of that!!

Check out the Guide (blue tabs at top) for DCF; it will explain how you find the info on the web that you need (er, that he needs), and how to ask the Consul about it. Often, when someone is a dual citizen, the Consul will let them file there even if they're not resident, especially for a kidlet (cue sob story )

I think a lawyer "could" find the old file and all, I just htink it would take longer. Do check out (with another lawyer) if there is any barrier to re-filing. ie, make sure it is allowed; I just don't know.