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Filed: K-1 Visa Country: Burkina Faso
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My husband has been a LPR for 6 years. He is finally getting around to filing N400. The whole time he has been in the US, he has been a PhD student at a french university, but working remotely in the US. His PhD does not require coursework - it's straight research - so he doesn't need to be physically in France to do the work.  For the first three years, he spent 3-5 months a year at his fieldsite (in another country); and the last 3 years he's spent about 2 months/year in France working with his advisor. He has maintained residency in the US the whole time - we own a home, have a kid, joint bank account, paid taxes filing jointly, etc.


Should we be worried that an employer/school address outside the US will raise red flags? For the occupation, we're thinking of putting "PhD student (working from home)" - is that adequate, or does it require more explanation? This was a non-issue for ROC, but it's a new administration, and I'm not sure how much to worry.

 

Also, in 2014 there was a  revolution in his country that overthrew the president who had been in power for 30 years and who was trying to force a change the constitution to continue to remain in power. My husband posted one FB post after the president stepped down basically supporting his country and saying that the pres. needed to go and that new leaders needed to abide by the constitution. There was then an attempted coup against the new gov't in 2015 and he protested in DC against the coup. Any issues there? Does he need to disclose anything? This was all after ROC so hasn't come up previously. I don't *think* this could be interpreted as "advocating the overthrow of government" but would like other opinions :)

 

He has no red flags as far as we can tell, not even a parking ticket. We've debated getting a lawyer, but it would be a squeeze financially, and we'd rather not if we don't have to.

Thanks!

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Filed: Citizen (apr) Country: Indonesia
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1- If it wasn't an issue for ROC, I can't imagine it would be an issue for citizenship. As long as it is clear he's been a resident the whole time in the US, I wouldn't worry.

 

2- Advocating the overthrow of the government is in regards to the US, not other countries. USCIS won't care about that at all regardless. 

 

IOW, he's fine. Those aren't red flags at all. 

Removing Conditions Timeline

Aug. 10, '17: Mailed in I-751

Aug. 21, '17: NOA1

October 23, '18: NOA2- approval

October 30, 18: 10-year GC received

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Filed: K-1 Visa Country: Ukraine
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if he doesnt have a criminal record....if would be far fetched to get him from a post on social media that he was trying to overthrow the goverment, and in this case it's not even related to the US goverment. Even going further on this matter, as long as he is not a member of a group, clan or association to try to be involved in terrorist acts against the US. i am not up to date on the wording, but the N-400 is very clear what they consider unqualified for naturalization. Read the application through. IMO he is ok to file. 

8/7/2017                    NOA-1

3/1/2018                    NOA-2

3/15/2018                  NVC case received

3/22/2018                  NVC case assigned

3/23/2018                  Consulate ready

4/11/2018                  Medical

4/17/2018                  Visa Approved

4/24/2018                  Visa on hand

5/23/2018                  Point of Entry ATL

5/24/2018                  Marriage license, officiant and certificate / applied for SS#

5/31/2018                  AOS/AP/EAD

6/7/2018                    email notification of NOA-1

6/11/2018                  NOA-1 hard copies for AOS/EAD/AP

6/27/2018                  Biometrics for AOS/EAD

7/7/2018                    ready to be scheduled for interview

7/11/2018                  We are still reviewing your case and there are no updates at this time (email from USCIS)

8/22/2018                  We are still reviewing your case and there are no updates at this time (same email again)

9/5/2018                     We are still reviewing your case and there are no updates at this time (this is getting boring!!!)

10/3/2018                  We are still reviewing your case and there are no updates at this time (this is insanity, 4th time while some got GC)

10/17/2018                After 136 days of wait in HELL, finally EAD in production

10/21/2018                Card was mailed to me, and yes it said so on a Sunday night, while Vj-ing

10/22/2018                Card was picked up by the USPS

10/24/2018                EAD in hand. F%^&& finally

12/28/2018                Interview has been scheduled. Waiting for notification with date by snail mail

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Filed: K-1 Visa Country: Burkina Faso
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Thanks both for your quick replies. N400 does say "advocated (directly or indirectly) the overthrow of ANY government...", but I agree that it would be far fetched - that's not what his post was saying (and arguably the gov't was not legitimate to begin with). 

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Filed: Other Country: Sweden
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14 minutes ago, cardinal said:

Thanks both for your quick replies. N400 does say "advocated (directly or indirectly) the overthrow of ANY government...", but I agree that it would be far fetched - that's not what his post was saying (and arguably the gov't was not legitimate to begin with). 

No one has been penalized for overdisclosure when in doubt.  It sounds like you're leaning towards thinking he did advocate the overthrow of a foreign government (whether the government was legitimate or not is beyond the scope of the question, although there is a violence component in there).  In that case, you could cut and paste the post and let the officer decide if it's relevant or not. 

Edited by CarlHamilton
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Filed: Other Country: Sweden
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23 minutes ago, usmsbow said:

 

2- Advocating the overthrow of the government is in regards to the US, not other countries. USCIS won't care about that at all regardless. 

 

IOW, he's fine. Those aren't red flags at all. 

Wrong.  The question asks about ANY government.

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Filed: K-1 Visa Country: Burkina Faso
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1 hour ago, CarlHamilton said:

No one has been penalized for overdisclosure when in doubt.  It sounds like you're leaning towards thinking he did advocate the overthrow of a foreign government (whether the government was legitimate or not is beyond the scope of the question, although there is a violence component in there).  In that case, you could cut and paste the post and let the officer decide if it's relevant or not. 

No, I absolutely don't think that. I worry that someone could interpret it as such, acting in bad faith. His posting (I'm paraphrasing) was basically, After 3 days of revolution the people have pushed out a president who refused to respect the constitution. The people have stood up as one and asked the president to go. Now he is gone and the new leaders need to respect the constitution.

 

I tend to overthink things, but I am also biased because I've lived and worked in the country and the president was objectively a despot who took power in a coup, killed journalists and political opponents, and got rich at the country's expense, so as far as I'm concerned, good riddance to him.

But maybe we will consult a lawyer. Agree that I'd rather err on the side of disclosure.

Edited by cardinal
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Filed: K-1 Visa Country: Burkina Faso
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Because I was curious, I went to read the actual INA. The relevant section says:

 

(4) who advocates or teaches or who is a member of or affiliated with any organization that advocates or teaches (A) the overthrow by force or violence or other unconstitutional means of the Government of the United States or of all forms of law; or (B) the duty, necessity, or propriety of the unlawful assaulting or killing of any officer or officers (either of specific individuals or of officers generally) of the Government of the United States or of any other organized government because of his o r their official character; or (C) the unlawful damage, injury, or destruction of property; or (D) sabotage; or 

 

 

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