ROC and Naturalization (Child Support)

[Chocobo 196]

Hi all,

 

I had posted something about this previously, but as more time has gone on and the situation has changed, I need to post/ask again.  My hubby is currently waiting for his ROC.  We are getting close to being able to file for his citizenship, however, we are not sure that is a good idea at present due to prior child support issues.

 

Background:

Hubby and his ex-wife had a very contentious divorce 22 years ago (Canada) when their daughters were about 2.  Short of it, ex wife took the girls and hid them from him.  Being 22 years ago, the internet was still in its infancy, dad's didn't know they had rights, and he lived across the country from them, he couldn't find them and gave up.  (Please, no judgment.)  No child support was paid.  Fast forward 15 years, one of the girls finds him, they try to have a relationship after all that time, and the ex decides to go after him for back child support.  Fast forward to now, there obviously is still a large amount in arrears but the case has been adjudicated to the US (to our county in our state).  Regular payments are deducted from his check and tax refunds are garnished to aid in bringing him current.

 

The kids are over 18 now.  He will not be petitioning for them at any time in the future.  We've spoken to a couple of attorneys in Canada re: going after the ex about this and it will be a very difficult case to win.  As he is here in the States, he does not have the desire to go back to Canada just to litigate, especially if he is unlikely to win.

 

Questions:

 

1) Are we better to wait until the child support is paid in full before we move forward with his citizenship?

2) If he is denied citizenship, does that put his green card into jeopardy?  (The whole moral, upstanding person thing.)

 

 

Edited May 19, 2022 by Chocobo

[mam521 1,725]

If DH has an agreement in place and is actively paying down that owed amount, the worst case scenario is a temporary bar.  It sounds like he can demonstrate extenuating circumstances for why it went unpaid for so many years.  With that in mind, how many years has he been paying?  USCIS will look at the history of payment as part of the proof of "moral aptitude".  If he's been gainfully employed, filing taxes consistently and paying the amounts as per the court order and can demonstrate that history, they may not issue that temporary ban. They will definitely look back the 3 years. 

 

If it hasn't been that long, I probably wouldn't even bother.  You've already paid for the AOS process, the new GC will be good for 10 years, so wait until that history and debt are paid down and lessen the risk of the temporary ban.  

[Chocobo 196]

51 minutes ago, mam521 said:

If DH has an agreement in place and is actively paying down that owed amount, the worst case scenario is a temporary bar.  It sounds like he can demonstrate extenuating circumstances for why it went unpaid for so many years.  With that in mind, how many years has he been paying?  USCIS will look at the history of payment as part of the proof of "moral aptitude".  If he's been gainfully employed, filing taxes consistently and paying the amounts as per the court order and can demonstrate that history, they may not issue that temporary ban. They will definitely look back the 3 years. 

 

If it hasn't been that long, I probably wouldn't even bother.  You've already paid for the AOS process, the new GC will be good for 10 years, so wait until that history and debt are paid down and lessen the risk of the temporary ban.  

He has been repaying it since he was notified that Canadian child support enforcement was going after him, while he was employed.  Obviously when he came here, he couldn't work until he got his green card, so I was sending in funds in his stead as best as I could.  He is working steady now and has been continuing to pay it.  So, maybe steady payments for 3 years and then spotty until he got a job here, then it went back to regular again.  (Side note: it is SUPER difficult to send money to the Canadian Child Support Enforcement when in the US!!  They wouldn't give us account wiring instructions so we had to mail a money order in until the case was adjudicated in the US.)  

 

The part I was worried about was the possibility of a bar.  With him having the GC already, there's not a huge difference between naturalization and GC (with the exception of voting), so we weren't sure if it was worth it.  If there is a risk of a bar, then it definitely is NOT worth the risk.  

 

Any idea what the outcome may be if he can show that the outstanding balance is now paid in full?  With tax refund garnishments, it won't take TOO too long to pay off the arrears.  Wondering if he can show that it is all paid off, and of course can explain what happened as to why it wasn't paid for so long, that it will be seen as OK since he did eventually pay in full.

 

(Thank you for reading my rambling!)

[mam521 1,725]

19 hours ago, Chocobo said:

He has been repaying it since he was notified that Canadian child support enforcement was going after him, while he was employed.  Obviously when he came here, he couldn't work until he got his green card, so I was sending in funds in his stead as best as I could.  He is working steady now and has been continuing to pay it.  So, maybe steady payments for 3 years and then spotty until he got a job here, then it went back to regular again.  (Side note: it is SUPER difficult to send money to the Canadian Child Support Enforcement when in the US!!  They wouldn't give us account wiring instructions so we had to mail a money order in until the case was adjudicated in the US.)  

 

The part I was worried about was the possibility of a bar.  With him having the GC already, there's not a huge difference between naturalization and GC (with the exception of voting), so we weren't sure if it was worth it.  If there is a risk of a bar, then it definitely is NOT worth the risk.  

 

Any idea what the outcome may be if he can show that the outstanding balance is now paid in full?  With tax refund garnishments, it won't take TOO too long to pay off the arrears.  Wondering if he can show that it is all paid off, and of course can explain what happened as to why it wasn't paid for so long, that it will be seen as OK since he did eventually pay in full.

 

(Thank you for reading my rambling!)

You guys have demonstrated effort.  But I do agree, there isn't a ton of difference at the moment between GC & Citizenship and there would be much less hassle proving he's good for the support now versus if it's paid off soon enough.  

 

My understanding is once it's paid in full and everything is current, the house is in order so to speak, there won't be any bar in place and he should be free to move forward with citizenship. 

[Chocobo 196]

1 hour ago, mam521 said:

You guys have demonstrated effort.  But I do agree, there isn't a ton of difference at the moment between GC & Citizenship and there would be much less hassle proving he's good for the support now versus if it's paid off soon enough.  

 

My understanding is once it's paid in full and everything is current, the house is in order so to speak, there won't be any bar in place and he should be free to move forward with citizenship. 

Thank you!  This is good info to have.  It sounds like our best course of action then is to re-evaluate as we get closer to paying the arrears in full (or have already paid it in full.)  Until then, just stay the course w/the GC.