Autumnal

My grandfather naturalized in the US around 1948. He later moved to Canada, naturalized there, and had five children. They automatically gained Canadian citizenship. My aunt is now interested in exploring whether she can obtain US citizenship by dint of my grandfather's status. Is this possible, and what would she need to do to "activate" that status, if so?

1. She was born in 1957.

2. She was born in Canada, to a Canadian citizen and a US/Canadian/British citizen.

3. She has not claimed any USC status or residency in the US.

4. Her father returned to the US every year for approximately 4-5 months and maintained a domicile there until 2004.

Any other factors needed to be known?

It doesn't cost anything if you have already filed for your N-400. You should be able to write down whatever names you want to use on the form.

Marilyn, you and I both! The baby dropped about a week ago and I am developing that seductive pregnancy waddle. While I am glad that breech birth isn't a likelihood by this point, carrying transverse (sideways) was so much more comfortable. Now I'm on the Zantac parade with the rest of you, and highly recommend taking the cool mint ones before bed to avoid uncomfortable acid reflux. My second great discovery pertaining to sleep is the value of a memory foam mattress. Friends we stayed with over the weekend had a 4" memory foam topper, and I could prop myself on the pillows without slipping. Absolutely magical, so I'm off to Costco to price out their queen size against overstock.com.

Kimbear - I got the GD diagnosis too. Definitely let me know whether you want any support, meal plans, or ideas. You're going to see a few crazy numbers out there. The real trick is matching proteins to your carbs throughout the day. I've become an advocate of string cheese (the mozzarella, low-fat/low-moisture ones from Costco in particular). Put them with just about every meal and you're set. If your fasting numbers are not great first thing in the morning, try modifying your before bed snacks. I've had a lot of success with full fat ice cream (1/2 c, or thereabout) and a string cheese stick! Go figure. Golden Oreos are also popular with Babycenter.com GD mamas.

I took my cat across the US border at Pacific Highway Truck Crossing (Surrey). I had the vet prepare a statement the cat was up to date on all of his shots and vaccinations on official letter-head from the office. The cat stayed in the carrier the whole time, the border guard asked all of three questions, and barely even glanced at the cat. He didn't care to see the papers at all.

Could someone help me conclusively answer the following question? Family friends have received greatly conflicting information regarding the citizenship status of their 14-year-old daughter, and I would like to help them clarify any actions they need (or do not need) to take.

My friends, both American citizens, were stationed in Japan when they had their daughter. They were married; I am not sure whether either was a Japanese national at the time. Her father registered her birth on base/with the military and the proper paperwork with Japanese officials. Authorities conferred American citizenship and Japanese citizenship on her. She received an American passport and now lives in the U.S. This year, my friends received a letter from the U.S. government notifying them that their daughter would need to choose whether to be a Japanese citizen or an American citizen at the age of 18. She could not maintain dual nationalities. They'll let her pick once she comes of age.

* Is this an American or a Japanese policy? (The State Department suggests she would not have to renounce her American citizenship: http://travel.state.gov/travel/cis_pa_tw/cis/cis_1753.html. The American embassy in Tokyo doesn't imply this has to happen either: http://japan.usembassy.gov/e/acs/tacs-7118.html)

* Because she automatically obtained her citizenship at birth, by American laws, is this a Japanese law?

* Does she have to renounce a nationality? (The Ministry of Justice in Japan: http://www.moj.go.jp/ENGLISH/information/tcon-01.html - a bit unclear.)

* If she claims Japanese citizenship, is she automatically assumed to lose her American citizenship, or could she still travel into the U.S. on a U.S. passport, pay taxes as a foreigner abroad, and whatnot?

Thanks!

Congratulations that you found it! On the other hand, the information about renewing the passport and getting a new one is invaluable.

Congratulations! I had my shower this weekend - got the stroller/travel system I wanted, and the FIL/MIL are going to buy the crib. Now we have to figure out where to get a decent change table after a horrific experience at $Buy$$$Buy$$$$$Baby, so pricey!

I don't even...

This is why I love and miss my Canadian customs people. Friendly AND competent. :/

Congratulations on the baby.

You are not the first Canadian to go south of the border to be with your significant other, discover something major, and have to decide whether or not you want to stay in the country or return to Canada. I'm one of that pack, and I know three other couples who were in the same position. Don't pay too much attention to the fearmongering about visa fraud at the moment. Pregnancy isn't something which comes along in a neat box, planned and dated.

Your first decision, and the biggest one: do you intend to go back to Canada or do you intend to stay in the US?

Go Back to Canada: Then follow the steps to get your K1 visa. You can visit the US freely as long as you declare honestly what you are. The upshot is that you can probably have the kid in Canada. On the other hand, you're going to be running around trying to do things while pregnant. This isn't easy if you're approaching your third trimester and it may be a toss up which happens first. Is convenience an issue? Can you get mat leave or afford to stay in Canada on your own? Note, once you've gone back to Canada, the "stay in the US and file inside option" is technically lost. You can't come back and apply from inside the US without technically violating visa fraud because you were intending to apply to stay.

Stay in the US:

If you want to stay with your SO in the US, then you are basically committing to marrying, and co-filing I-130 (Petition for Immigrant Spouse) and I-751 (Adjustment of Status - Visitor to Permanent Resident). Regardless of what anyone else may tell you, this is completely legal if you entered the US without intention of overstaying your tourist visa and you were planning on doing things "right." If you were having a vacation hanging out with your boyfriend/fiance to see if being in the US was for you, and you're not working or studying, that's not illegal. Pregnancy happens - this is a totally legit reason to get hitched now and move on the LPR application. Canadians don't require visas to cross the land border. We don't get entry stamps. Our path to permanent residency can happen from visitor.

If you decide to get married, put aside plans for something fancy and elaborate. Get yourselves to a courthouse or have a simple wedding as soon as possible! This is important. If you leave the indication that you were planning something big, you leave yourself open to an immigration officer questioning if this was a spur of the moment thing based on a positive pregnancy test or a gambit months in the making. You can do a nicer ceremony after. Priority for you two needs to be getting married asap, putting together the application, and applying for Advanced Parole as part of your petition. Advanced Parole will allow you to cross the border to Canada while your AOS is being processed. The California office is really quick compared to others, for what it's worth, so you may not have the year long slog it took me living in Chicago (central region = huge case load = sucky).

The headaches are basically all at the front end -- getting together the paperwork, filling out the forms, cobbling together the support affidavit, and evidence of marriage/legit relationship. But with help from your family on the other side of the border, as need be, it can be pretty straightforward. PM if you need suggestions or help and the VJ forums or forms aren't sufficient. I can provide insight. Second thing, if your spouse is working, you qualify for his health care coverage even if you are in immigration limbo from visitor to PR, because you're married. That insurance counts for you. You cannot work on your own until you get an approved EAD (employment authorization document) though, this is important to be aware of. APs and EADs come quickly, though; my timeline lists how fast I received them. Other people get them processed in a reasonable length of time.

It's a big decision and one you can't leave for several months. My ex and I ended up marrying about 6 weeks after he came back to the US because I (the Canadian citizen) got in a car accident that rattled us up enough to pursue marriage. So much for the off-semester trip to help him settle in and go back north across the border to do it the standard K1/CR-1 route! But it never impacted my ability to get my residency, conditional residency lifted, or my naturalization. The keys here -- prove you have a real relationship, which isn't hard to do; get settled on the route you want now; and show this was an unexpected change.

Are you sure you can't be added to his insurance while married? Most insurance companies do allow non-citizens to be added. You are a legal alien while your application is in process -- I had a nice long chat with Aetna about that when I first joined my husband's insurance plan as my immigration was in process. I didn't need a green card; we did, however, provide other useful information (notably the case number and my SSN) to demonstrate that I was legitimately in the country. A marriage should count as a qualifying event for him to add you to his plan, as well.

Immigration hearings are like jury duty: they trump most other appointments. It's one thing if your kid was going in for major surgery but for this, the dentist can bite the bullet.

I echo the cry: get a lawyer. She's going to need someone who can produce the paper trail and work the system, and someone who will be able to negotiate tricky waters. Unfortunately with no money this may be somewhat difficult, but it's worth pursuing. The problem is, she obtained her green card on fraudulent grounds through no fault of her own. She has her green card but renewal could be tricky afterwards.

I did not include the I-751 application with my N-400. USCIS already has a copy of that on hand. I kept my own copy to reference for information (mostly addresses I'd lived at during that period).

The most common things to include in the N-400 for a standard 5 year application:

• Cover letter
• Payment
• 2 photographs
• Copy of ID (green card, passport stamp and/or ID page, SSN card, driver's license)
• Copy of 5 years' tax returns
• Copy of divorce decree (if divorced)
• Copy of marriage certificate (if newly married/name changing due to a marriage

Okalian, thanks for this.

Question: did you have to include your removal of conditions application for the N400? I mean, don't they already have that application with them? What other things should I include in my N400? I also do not have any moving violations and only a few parking tickets. The most was $110. All paid. The lawyer I spoke with said I did not have to include that in the N400.

Canada won't stamp your passport for going through a land border if you are a Canadian/US LPR. I didn't have a stamp coming into the US, and I have never received one driving back and forth. Flying is a whole other matter nowadays. You don't need to get proof from the Canadian government unless you were going there on a visa (e.g., you're not Canadian), just try to estimate the dates and length as best you can.

Do you have any records you can reference?

- Bank statements

- Emails

- Travel minutiae (plane tickets, ferry stubs, etc.)

Congratulations. Check out the checklist for marriage documents - they'll potentially want to see the joint tax returns for the last three years among other things.

Correct it during the interview. Bring along a table that matches the application format and write in the corrected addresses, dates of residence, and such. You can hand this to the IO after you have made your oath and you reach that section of the application; or, bring up that you have a correction or two to make and hand over the page. It's much easier to do at the interview than trying to send in additional information.

Looks solid. I would include the tax returns so you don't have to hand them over later - this can be advantageous for coming into the office with less paper.

Good stuff!

Copies are always desirable and sufficient.

Ha! Hot Springs even has a passport facility?

This behaviour is fraud and part of the reason it's so difficult for legitimate people to immigrate and naturalize.

You can file outland or inland, which means you can be in Canada with your hubby. He won't be able to work but at least you won't be separated.

Congratulations! That news is fantastic. Best wishes on your journey.

If you qualify for naturalization based on living in the US as a permanent resident for 5 years, then marriage won't factor into their decision. You came here legally. The marriage didn't work, alas, and that is that. Make sure you include your marriage certificate and divorce paperwork along with your N-400 and bring copies, if necessary, to the interview. When you're filling out the N-400 form, you will be asked if you are married, divorced, etc. (or what your marital status is; engaged isn't an option as I recall without ability to look at the forms) and have any children. Note them as need be.

If you are married between your N-400 and your interview, then bring along the new marriage certificate and a copy so they can put it on file. Then the immigration officer will update your marital status. Try to have your spouse's full name, place of birth, SSN if any, and other details so they can add them as necessary too.

Glad this worked for you!

She does not need to show domicile, you do as the petitioner.