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SFSgrad

Born in the USA...

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I am dating a South Korean woman....and we have not filed for any type of visa yet.  She has visited the US (and me) 6 times in the last two years.  On her last visit...she was really hassled at the airport....15 min of questions....and full luggage search....apparently...due to the number of visits...as a tourist.

 

As we look at more permanent visa options.... I wanted to toss this out...and see if we can get any traction with it....

 

She was born in the US, while her Korean parents were working here.

 

 So at one time, she actually had a US passport.  Later in her teens...her parents did something...not sure what...that essentially said she no longer desired to be a US citizen.

 

Now...she/we are looking for the best way to allow her to live in the US.  Can we recapture that citizenship?...or even a green card...or some kind of Visa?  Since she was a minor at the time...could it be argued that it was not her decision?

 

Thanks... Look forward to hearing your responses....

 

BTW:  Should the number of visits...be an issue?  She has never violated the 90 day timeframe.

 

 

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1) The number of visits likely wasn't the issue, but the total amount of time within the US likely raised suspicion of using a tourist visa (or ESTA) to live in the US. If the past visits were to visit you, they likely saw lots of travel to your area and/or your residence on file, raising suspicion of immigrant intent.

 

2) She needs to figure out exactly what happened with her past citizenship. If her citizenship was actually renounced, then she should need to be petitioned again and become a green card holder first.

Being a minor doesn't change things as her parents are permitted to make those decisions on her behalf as her legal guardians.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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3 minutes ago, geowrian said:

1) The number of visits likely wasn't the issue, but the total amount of time within the US likely raised suspicion of using a tourist visa (or ESTA) to live in the US. If the past visits were to visit you, they likely saw lots of travel to your area and/or your residence on file, raising suspicion of immigrant intent.

 

2) She needs to figure out exactly what happened with her past citizenship. If her citizenship was actually renounced, then she should need to be petitioned again and become a green card holder first.

Being a minor doesn't change things as her parents are permitted to make those decisions on her behalf as her legal guardians.

As we are not quite ready to get married....are there some other forms of visa...like buying real estate...or starting a business...that can be acquired in a short amount of time?  She is financially able to make either of those moves.

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7 minutes ago, geowrian said:

1) The number of visits likely wasn't the issue, but the total amount of time within the US likely raised suspicion of using a tourist visa (or ESTA) to live in the US. If the past visits were to visit you, they likely saw lots of travel to your area and/or your residence on file, raising suspicion of immigrant intent.

 

2) She needs to figure out exactly what happened with her past citizenship. If her citizenship was actually renounced, then she should need to be petitioned again and become a green card holder first.

Being a minor doesn't change things as her parents are permitted to make those decisions on her behalf as her legal guardians.

I guess...our problem is...we didn't realize...there was limitations....of ESTA... I guess we thought...if we don't violate the terms...we could use it as often as we liked.... Hehehe... NOT!?

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16 minutes ago, SFSgrad said:

As we are not quite ready to get married....are there some other forms of visa...like buying real estate...or starting a business...that can be acquired in a short amount of time?  She is financially able to make either of those moves.

There's investment visas....but you're looking at a minimum of ~$100,000 investment into a US business at a minimum for the non-immigrant visa (2 years, renewable) and $500,000 for an immigrant visa. Note that being an immigrant requires living in the US as your primary residence...not sure if that's a goal here or not.

See E-2 and EB-5 visas to see if the minimum pieces are there and worth pursuing. Beyond that, I suggest seeking a consultation with an immigration attorney for specific questions and/or to help, with the process.

https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

https://www.uscis.gov/eb-5

 

12 minutes ago, SFSgrad said:

I guess...our problem is...we didn't realize...there was limitations....of ESTA... I guess we thought...if we don't violate the terms...we could use it as often as we liked.... Hehehe... NOT!?

Correct - not violating status is important to maintain ESTA privileges, but there's also a judgement call by the CBP officer regarding proper usage of the VWP program and intent to return home. A rule of thumb is to spend more time outside the US than in it, with twice as much being preferred.

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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2 minutes ago, geowrian said:

There's investment visas....but you're looking at a minimum of ~$100,000 investment into a US business at a minimum for the non-immigrant visa (2 years, renewable) and $500,000 for an immigrant visa. Note that being an immigrant requires living in the US as your primary residence...not sure if that's a goal here or not.

See E-2 and EB-5 visas to see if the minimum pieces are there and worth pursuing. Beyond that, I suggest seeking a consultation with an immigration attorney for specific questions and/or to help, with the process.

https://www.uscis.gov/working-united-states/temporary-workers/e-2-treaty-investors

https://www.uscis.gov/eb-5

 

Correct - not violating status is important to maintain ESTA privileges, but there's also a judgement call by the CBP officer regarding proper usage of the VWP program and intent to return home. A rule of thumb is to spend more time outside the US than in it, with twice as much being preferred.

Neither of those investment minimums...are an issue.  And the goal is...to live here full time.

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Filed: Other Timeline
59 minutes ago, SFSgrad said:

I am dating a South Korean woman....and we have not filed for any type of visa yet.  She has visited the US (and me) 6 times in the last two years.  On her last visit...she was really hassled at the airport....15 min of questions....and full luggage search....apparently...due to the number of visits...as a tourist.

 

As we look at more permanent visa options.... I wanted to toss this out...and see if we can get any traction with it....

 

She was born in the US, while her Korean parents were working here.

 

 So at one time, she actually had a US passport.  Later in her teens...her parents did something...not sure what...that essentially said she no longer desired to be a US citizen.

 

Now...she/we are looking for the best way to allow her to live in the US.  Can we recapture that citizenship?...or even a green card...or some kind of Visa?  Since she was a minor at the time...could it be argued that it was not her decision?

 

Thanks... Look forward to hearing your responses....

 

BTW:  Should the number of visits...be an issue?  She has never violated the 90 day timeframe.

 

 

i thought that Natural Born USC cannot have his/her citizenship revoked, unless it was done by himself/herself as an adult. 

 

this is the first instance i heard Natural born USC had her citizenship revoked by the action of the parents. 

 

unless her parents were diplomats in the USA when she was born, which means she was not a natural born. 

Edited by abum
typos
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1 minute ago, abum said:

i thought that Natural Born USC cannot have his/her citizenship revoked, unless it was done by himself/herself as an adult. 

 

this is the first instance i heard Natural birn USC gad her citizenship revoked by the action of the parents. 

 

unless her parents were diplomats in the USA when she was born.

That was my thought....as well.

 

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A natural born citizen cannot lose citizenship against their will. But they can renounce it still:

https://www.usconstitution.net/consttop_citi.html

https://immigration.findlaw.com/citizenship/can-your-u-s-citizenship-be-revoked-.html

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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1 minute ago, geowrian said:

A natural born citizen cannot lose citizenship against their will. But they can renounce it still:

https://www.usconstitution.net/consttop_citi.html

https://immigration.findlaw.com/citizenship/can-your-u-s-citizenship-be-revoked-.html

Can a minor....renounce... (I have not yet read the links)

 

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1 minute ago, SFSgrad said:

Can a minor....renounce... (I have not yet read the links)

I see no prohibition on it....but this is where finding out exactly what happened is important.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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7 minutes ago, geowrian said:

I see no prohibition on it....but this is where finding out exactly what happened is important.

She said...her father renounced her citizenship.... I think at the time...she would have had to travel to the US, to maintain it, and that was not convenient at the time, and didn't seem necessary at the time...hehehe....30 years later....Tah Dah.

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Filed: Citizen (apr) Country: Canada
Timeline
10 minutes ago, aaron2020 said:

Before 2010, South Korea did not allowed for dual citizenship.  If she claimed South Korean citizenship before 2010, then she might have had to give up US citizenship.

 

She may be able to do something now that South Korea allows for dual citizenship.

 

Marriage and a CR-1 may be another option.  

She'd have to become a LPR first before the CR-1 if she did formally renounce prior citizenship, though, wouldn't she?.

Edited by Going through

Applied for Naturalization based on 5-year Residency - 96 Days To Complete Citizenship!

July 14, 2017 (Day 00) -  Submitted N400 Application, filed online

July 21, 2017 (Day 07) -  NOA Receipt received in the mail

July 22, 2017 (Day 08) - Biometrics appointment scheduled online, letter mailed out

July 25, 2017 (Day 11) - Biometrics PDF posted online

July 28, 2017 (Day 14) - Biometrics letter received in the mail, appointment for 08/08/17

Aug 08, 2017 (Day 24) - Biometrics (fingerprinting) completed

Aug 14, 2017 (Day 30) - Online EGOV status shows "Interview Scheduled, will mail appointment letter"

Aug 16, 2017 (Day 32) - Online MYUSCIS status shows "Interview Scheduled, read the letter we mailed you..."

Aug 17, 2017 (Day 33) - Interview Appointment Letter PDF posted online---GOT AN INTERVIEW DATE!!!

Aug 21, 2017 (Day 37) - Interview Appointment Letter received in the mail, appointment for 09/27/17

Sep. 27, 2017 (Day 74) - Naturalization Interview--- read my experience here

Sep. 27, 2017 (Day 74) - Online MYUSCIS status shows "Oath Ceremony Notice mailed"

Sep. 28, 2017 (Day 75) - Oath Ceremony Letter PDF posted online--Ceremony for 10/19/17

Oct. 02, 2017 (Day 79) -  Oath Ceremony Letter received in the mail

Oct. 19, 2017 (Day 96) -  Oath Ceremony-- read my experience here

 

 

 

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