ThePeck

Me (US Citizen) and my Husband (Resident) just got married. He's been here for 8 years and has his resident card. He had divorced about 2 years ago. So he's in the process of changing his name to mine. And we're getting conflicting information.

we thought him changing his SSA name was first. Told first to send in the marriage certified copy and his drivers license. Didn't work. Then the SSA told us that he had to include his resident card with the application. We haven't done that yet. But today I called again today to the SSA to verify the requirements. Now we're being told by the SSA that he can't send in his resident card (He's legally required to be in possession of it at all times) and that he has to change that we're married to USCIS before they can do a name change. Even the lawyer that did his divorce said that he needed to do SSA first then USCIS and passport. He's had all the conditions released also.

Any one have experience with doing this with a Spouse that is a resident? And the process? Thanks!

Sorry if this should have been put in the general thread but thought this was kind of relevant because it's a family change.

I'm submitting my wife's I130 and her children's, my stepchildren. Now originally their birth certificates had my wife's father's name listed as the father.

These have been previously amended to show me, which I said they had to change, due to precieved fraud. So I had her change them to not list a father on them. The children are from 2 different father's, 1 is Khmer and the other was an Australian.

So at the later time of the interview. Would we still need the letter of authorization? The Khmer father may actually be deceased, that's the last we know of him, hearing rumors. He was an alcoholic and dabbled in drugs so it wouldn't be surprising. Now the Australian father is no longer in the picture and has been 8 years since there's been any contact. My wife actually told him to not talk to her anymore, I was in the child's life since she was about a year old, little bit earlier. 

So I'm trying to prepare what might be asked and how to handle it. Thanks!

5 minutes ago, LilyJohansen said:

You can simply print out the form when you are done with everything else, and write the Khmer characters by hand with pen.

Possibly, but I don't trust some of their handwriting. Rather have it printed. I don't know what the USCIS does with it, if anything.

But you're right.

I've had a hell of a time, finding the actual address on the property document. And even that, what the translator gave me I don't trust.

For example I got an English address from our internet company which I can believe but the translator gave me a generic address listing with the general post office zip code which I know ours is different. I've tried to go from the English address(Internet company) to Khmer but it won't translate.

1 hour ago, Boiler said:

When do you intend to move back to the US?

1 hour ago, Roel said:

Dont get a green card doe her. It's pointless. Green card is for LIVING in the US. Yoir wife will not even receive a green card if you dont show US domicile or that you work overseas and don't intent to go back... I wouldn't even worry about her citizenship where right now it seems like she has no chance of getting or keeping her green card. If she will live aborad with the green card long enough, it will be taken away. 

 

For spouses of US citizens its 3 years from the moment of green card being issued. 

 

 

Sounds about right. Its 5 years if it's not marriage based. 

 

Um, no?

Unless you are US military and your spouse will be on your overseas orders OR you work for the US Gov and your spouse will be on your paperwork - this requirements CANNOT be waived. 

 

3 years. 

 

She must LIVE in the US MAJORITY of the year. 

 

Read about it. Military or government. No other exceptions.

I agree and I don't see why I need to get her a green card but here's the conundrum.

I'm going to get on my soapbox for this so please excuse me lol

I've been with her for almost 7 years, married for 2 and a half years. For 5 years we've setup 1-2 NIV applications every year. Every time denied because not showing proof of intent to return. I've given her letters from my company. My actual ID cards for various military bases where I'm going to routinely for work. My job entails private contractor for DOD and DOS projects. My mother died before meeting her Daughter-in-law and her grandchild/step-grandchild. Because we were wanting to go as a family. Even took mailed letters, signed, from my mothers oncologist that she couldn't travel so to encourage them to give her a NIV. So this is pretty much the last thing we could think of to semi-guarantee that she could travel to the states to at least see the members of my family, her extended family. Cambodia doesn't have a very high refusal rate, 32.63% (2018 Prelim rates), but somehow she's in that. Of all the recent times in the past 5 years they refused to look at her paperwork and documents showing her owned properties, land etc. So it's been almost a total of $1k which almost equals her and my step-daughters I-130.

Okay now I'm getting off my soapbox.

So pretty much, I'm willing to come back stateside and "reside" there with her until she becomes a citizen. Probably not the best way but to make sure everything is legal. So my intent to move back stateside would be her IV approval. Unfortunately no, her name is no where on my forms. Except where it asks for spousal information, plus being a private contractor doesn't always give me the same eligibility as government employees. I don't get orders which name myself and her. Typically she stays at home and I travel where I have to.

The same friend that came on a family visa got a waiver because he worked on the DOS projects with me. I believe it was just a letter from the company, not the embassy but I could be mistaken. I'd have to ask again.

So my intent I guess would be to move back stateside and travel from the USA for all my projects for that time, then my company would move me back in our office in Cambodia. Also the kids would be able to go school stateside, which is a plus. The older one and the youngest when the time comes may stay stateside and me and my wife my remain. The plans for the future are very volatile since there are factors that are still unknown. I do have a "residence" back in the states but it's not really available i.e. renting it out. Probably at first the, which I've put on the I-130, is my fathers house since it may take several months to finish the lease and refurbish to move there.

But anyway this is a long winded post which doesn't address much of my OP. It just comes down to having to remain in the USA for 3 years at a minimum and after that we can decide what we want to do. Stay or move back overseas. At least at that point returning for vacations and seeing family won't be a hassle if we move back overseas. Also at that point with her having a US Passport I can actually bring her to where I'm and not having to leave her at home. Since with a Cambodia passport it's harder to travel to some countries, except ones in the ASEAN group.

It's late and I'm tired so if I waited till tomorrow I probably could track down the information. Also I'm just curious.

What time requirements is there for Citizenship for a Foreign Spouse after getting Green Card.

We've been married 2½ years and just submitting her I-130 now. Since my work is outside the USA she lives with me and I live with her. After/If she gets her Green Card I intended for her to continue living with me outside the USA. If possible. I only return stateside for no more than 1 month a year for my 330 for tax. I thought there was a only a 2 year waiting period for Citizenship since I'm a Citizen by birth. A friend show came on a family visa says she still has to wait 5 years. Even though I'm a citizen. Also I heard that the requirement to be present in the USA could be waived partially of completely if my job positions me outside the USA. Which they do. So my questions are:

How long after getting her green card is she eligible for citizenship?

If that time she must remain in the USA regardless of my job location?

If able to claim time outside the USA what are the rules and regulations about it?

This isn't about the form but more about the PDF form and inputting the language.

My spouses language is Khmer and I finally got the Khmer writing but I can't copy/paste into the form. It's a invalid font. I've tried adding the font to document but it doesn't allow me to.

How have others handled it from the PDF? I could clip the text and when I print a flat PDF I'll just paste it over top of the blank space in the document.

7 minutes ago, aaron2020 said:

...

Derivative beneficiaries are not allowed in Immediate Relative cases, so no one is a derivative beneficiary.  Derivative beneficiaries are only allowed in the family based categories.  

That's what I finally figured when I found the definition of derivative beneficiary on a family based visa FAQ.

I just assumed, previously, that it was mainly meant for children (minor) to be included on the parents immigration visa application. 

Just to clarify, I think I know why now. *I had quoted lots of stuff but took it out since it wouldn't do anything lol*

So a "Immediate Relative" is someone who bypasses the wait for a visa number, which would include the children. 

The I-130 instructions don't mention that. The first part (1) says yes you have to submit one for each person then below (Note: #4) that it says you don't have to if the qualify under 1.C, 1.D or 1.E. I guess Note #6 on the next sheet is what says no, since me, the person filing out the form isn't applying for an immigrant visa then the children can't be derivative beneficiary's.

But the I-130 assumes I'm a citizen or permanent resident.

So the above is just rambling. Just shows my confusion about this.

For my information, who could be derivative beneficiary? What situation would allow for it? Also a question would be, since I have to do separate I-130 for each, how do they make sure they are grouped into the same interview, visa approval etc. Like could the children get approved but my wife doesn't. This could be a non-issue but not sure how it would work. I guess they would go off of Part 5 (Relative 1 & 2).

Since it would be a problem if one of both children get approved then have to resubmit my wife. Which probably I'd have to get the children over her before their mother.

Regarding the address in the native alphabet, I'm still trying to track it down.

Okay my foreign spouse has 2 children, neither are biologically mine and not adopted, just stepchildren.

They are considered derivative beneficiaries correct? Unmarried and under 21 years old. They are 6 and 12 years old.

The instructions say to put them in Part 4 of the form. I assume I put them under "Information About Beneficiary's Family". Does putting them under that section indicate they are derivative beneficiary's and that they will or I want them to be included on this I-130 application? I thought there would be a box to check indicating them that.

Also a side question, under this same section of Part 4 would I put myself under this? Since I'm their spouse? As it says, "Provide information about the beneficiary's spouse and children.

Another question I guess I'll add here since I don't want to open separate threads: Under Part 4 it has a section about the beneficiary's name and address native language is not in roman letters. This is Cambodia and the can use either, it's written in both. Do I have to provide that? This is only due to the difficulty in obtaining an address and then translating it from English to Khmer. Her name I can do but all government documentation usually has both i.e. passport, ID. Not saying that I can't do it but the Khmer and English translations may be different.

1 minute ago, OutOfThisWorld said:

With friends like that, who needs enemies? You know better.

Ya I know lol but I just got into looking into the different visa categories.

Just now, canadian_wife said:

You do not qualify for the K1 visa.  And you would be shocked at what the U.S. government knows.

 

Your K3 information is outdated.  The Cr1 spousal visa is what you'd chase.  The K3 was used when the spousal visa was taking years to approve.  Since that is no longer the case, the K3 is obsolete. 

 

Good luck 

Ya even the embassy in Cambodia contacted the guy that handled the paperwork for the government there to ask about when I was going to submit her immigration paperwork. I was concerned why they were contacting him and not me. But that's besides the point. I remember know the K3 is obsolete. I just happened to pull up the k visa types and saw it. I'm surprised the DoS site doesn't mention that it is obsolete, maybe it's deeper in it.

This might sound silly and my original goal might not have been good because I might be considered misrepresentation.

Anyway I'm a US citizen and married a Cambodian. Initially I was going to do a immigration application for her but it's daunting and the required paperwork would be difficult for her to get without me there to assist her. Then a friend said I should still be able to do a Fiance visa because they (US Government) doesn't know we are married in Cambodia and can get her over on that and get another license just at the court. And then do everything here. Then today I just saw again the K3 visa, meaning I can get her here still and then do the immigration paperwork, but under the premise that we are married. I still file the I-129F.

I know the immigration process can be done easily but I seem to be having problems and thus procrastinating.

Just wanted to get the Forumites opinion.

12 hours ago, ASMS said:

What about going to a nearby country that both are able to open joint bank accounts?

Is what we did in one of our trips since I wasn't able to go to USA so he wouldn't be able to add me to he's bank accounts, and I don't allow him to come to Venezuelan because of the critical levels of insecurity. So we decided to open one in another country.

 

Your situation then is a little complicated then. Some people don't provide proof of communication, and they are lucky to never been asked for it, but I guess they have other strong documents as evidence.

I'd have to check either Thailand or Vietnam. I don't think either would allow this since neither of us have residency, work or other ties to the country. It would have to be some sort of investment account and no idea what amount of money we'd need to invest. Not saying it can't be done or I won't look into it.

One think I found out is that I do still have our chat log via Facebook. Before I got her the iPhone she had a Galaxy and she used to send pictures and such via Facebook, now there still isn't any actual text conversations but it shows she's sent me smiley emoticons, voice messages and called me on there. Several YouTube links for me to download the songs so I can add them to her phone and such and plenty of pictures. 

Plus I don't know if I can print something out but she's on my Apple Family Sharing account and she can buy things using my credit card.

I think this should be enough. What do you think?

7 hours ago, ASMS said:

You are not over thinking about this, the evidence really matters, and I'll suggest to both of you to start having proof of written communication, because it will still help to show "ongoing relationship" for the moment of the interview, since you will need to keep showing evidence till that moment.

 

You can for sure get the affidavits letters from friends and family, but they are not strong evidence of bona fide marriage.

 

You mentioned you have around 7 years living there? were you living together? can you provide evidence of that?

like documentation showing joint ownership or property, a lease showing joint tenancy of a common residence.

If you can, it will be really good.

Also, co-mingling of financial, or she as the beneficiary of your life insurance.

That's what I was thinking that the affidavits don't count for much.

Living together, no I don't have proof of it. The leases generally don't have expats on it if you're with a local. Actually this place we rent now, there is no lease.

We own land but it's under her name. No way a expat can own land unless it's through a corporation that's 51% local owned.

As far as a bank account, I can't have one unless I have a work permit/book which I don't have since I don't work in Cambodia. Also I can't be a joint partner on hers because of the same fact. I tried to add her to my bank account but she has to go into the branch back in the states and provide identification. Which she has been denied tourist visa's so that's a no go.

If you know about us government clearance, I did put her on my SF-86 which list her as a foreign national that I have a close relationship with. I have a copy of my e-QIP paperwork that was submitted. Don't know if they would even know about it, even though they have to do this same SF-86 prior to being a Foreign Service Officer. Luckily this paperwork is back from 2015. Also lists her mother and father.

Otherwise I don't know how to start tracking a written communication since she can't write Khmer either. She speaks it of course but she never learned to write it. And as I explained before she also can't write English.

44 minutes ago, Maryland said:

This can be tricky. There is no 1 correct answer. Just gather as much information as you can. Make sure you have visited her and have proof of that.

2 minutes ago, Thesmiths2016 said:

You say there's no chat logs as she can't speak english but surely you've communicated in writing in your own language?  You could provide a copy of this with an english translation perhaps?
Are you living together in cambodia or are you in separate countries?  Have you lived together during your relationship?  Did you have friend and family at your wedding and if so are there pictures? If you can advise more about your situation and these questions perhaps we can suggest evidence you can use

Well actually I do live in Cambodia, except I travel out for work. So I can show my last 7 years of visa's and entry/exit stamps. Which of course covers our entire relationship.

@Thesmiths2016 actually I said she can't write English. Her spoken English isn't great but we've gotten by and plus we speak half and half. So I speak English with Khmer words thrown in there for her to better understand.

Also actually we do have 2 denied tourist visa's which I did and have my name on it. Which were both November times 2015 & 2016. We had tried again after we were married since I thought with my passport proving I'm never back home and being married it's show I provide her support and we/her don't intend to stay in the US.

Of course the're are pictures of the wedding, unfortunately no family because no one could come just friends, one Aussie friend who now lives there and married to her older sister. Plus her other sister is married to a Italian who comes every 3 months and stays for 3 months. So I thought they both could write letters testifying that we're a bona fide marriage/relationship. Including my parents and brother who have both known about her and seen pictures of us since a few months after we meet.

As I said I may be over thinking this and it's fine. I just keep looking at what I can provide and I feel it could be viewed as, "how can you prove any of this is real? Could be a complete fabrication". I find it crazy since I do construction work for the Dept of State and Navy I still can't seem to get this done easier lol. I literally designed the fire protection system for the apartment housing that the Embassy in Phnom Penh uses to house it's Consular Officers and I know the GSO (General Services Officer) and FM (Facility Maintenance) there. Of course the IV is different from a NIV but still before when I was trying to get her a tourist visa for her it was not going to happen.

It seems this might be hard for me to prove. Albeit doesn't seem so but evidence imo seems hard to get.

I have of course our marriage license but wondering about proof that it's bona fide and a long relationship. I have pictures, no time/date stamp via apples iCloud. No chat logs since she can't write english, most are all voice message from the iMessage app. Facebook you can see how long we've been "friends" there plus pictures.

My concern is how to prove these are genuine. It seems everything I have "can" be faked so I don't know if they would even like to see this stuff.

The only thing I can do is provide signed letter from some friends in Cambodia as well as well my parents can do one also.

I've seen people talking about chat logs and pictures but doesn't seem substantial to me. Or am I over thinking it?

I haven't sent anything yet. I'm just now filling it out and put different addresses lol.

I always put on forms that I live in the US but really live in Cambodia. I'm guessing perhaps I should just put them all as Cambodia then.

I'm just starting this for my wife and it's strange where I live and where I get mail.

I work as a private contractor for actually the embassy construction side of Dept. of State and sometimes the US Army Corps. I technically live in Cambodia on a business visa I get renewed every year but always list my residence as my parents house in Florida. For instance the I-130 has the address which I'd put as my parents house but they ask "last address at which you lived together." 

I feel if I put the Cambodian address but list my address for the past 5 years in the USA the application could be denied. Anyone have experience with this? Or should I go only with the Cambodian address.