Disteny

Did you take everything that proves a strong relationship with your wife? eg. exchanging emails. photos together and photos with family. You have to prove that the marriage is genuine .

On 8/29/2022 at 9:27 AM, veronicabiondi said:

Hello,

 

I'm a British/Greek national. I live in England but my husband is incarcerated in Ohio. He has been incarcerated for the last 20 years. We met in 2018 and we got married in 2019. We followed the process from the beginning until then end. We received the warden's approval, we went through the process and we got married .  I really need some advice from anyone who has experienced similar thing.

 

So far so good. Earlier this year, we decided to hire an Immigration attorney so that we can kick off the US Spouse Visa application process. They all discouraged me. Only 2 accepted to take my case and that with conditions.

 

His release date is 2034.  He was sentenced for armed robbery and involuntary manslaughter. He has been eligible for Judicial release but he hasn't filed yet. I hired one of the best attorneys in Ohio, to represent him for the judicial process. He's filing next year although we do anticipate that he will get rejected first time. Before I go into detail, I must say that I never had a problem hiring an immigrations attorney in the first place. They charge a lot of money but so be it, the problem we had with most of them is that they didn't know how to handle such a case. Mr.A would say this, Mr.B would say the other. To me that was/is a problem. If I was to pay 20k$ you better tell me where I stand and not "I will let you know". After chatting with more or less 8 different attorneys, I decided to pause and not to do anything. I had arguments with my husband(yes, he's my husband despite what people think), that we have to keep looking for another attorney or me trying to reach out online for help (so this is what I'm doing). He really does not understand why is it so difficult. I do (but that's because I'm the immigrant).

 

So here are some details for those who need context and think they can help. My husband has nobody, no financial support from anyone in his family. I'm the only one he has. Thankfully, I'm doing financially well. I'm a software architect and work as a contractor in the UK. I bought a property in Ohio and I managed to add my husband as an owner of that property. The property has a value of 300,000USD. Outside of that I have a property in the UK, cars plus a few bank accounts. I have business accounts and HMRC(uncle Sam) books that show taxes, payments etc (in other words I'm not a drug dealer). All my income is traceable and linked to the work I do.

 

I visit him every 4-5 months. I have also been supporting him financially since we got together. Phone calls via GTL, Commissaries, food/hygiene, recreation, Video Visits all in all, his expenses are roughly 10,000USD annually since 2019. Again, all that is traceable. I have met his step mother and my mother has also visited him.

 

I have been travelling on ESTA every time and I don't stay more than 7-8 days. I'm there just to visit him and then next day after the last visit day, I'm going home. One attorney said to me "You can try a working Visa". I'm not interested to migrate to the States to find work!! I have work. The reason I want to move is my husband, that's all!  If we file and I get rejected, we will have more problems. I prefer to visit him on ESTA rather than go a head to apply, get rejected and then never see him again for years.

 

I'm a 40 years old female professional. I don't have children, I don't have problems. I've always lived a very routine--professional-quiet life. I Went to university and then afterwards started working like a dog, as many of us have.

I married a US prisoner because when I saw his picture first time accidentally, the time stopped for me. I loved him very much and he loved me back. We made this choice, to walk this path no matter how hard it is and we don't regret it.

 

With this honest message, I call out anyone who had similar experience. What did they do? Also, did they hire an attorney or they file themselves? 

 

Thanks for reading.

As long as you have money, why don't apply as an investment ? 

5 hours ago, Mike E said:

If you don’t want to file N-600 to get her a Certificate of Citizenship, do her a favor and preserve all the evidence that was used to apply for her passport:

 

* if applicable her green card and/or passport that has the stamped immigration visa.  If not applicable your evidence of physical presence

 

* if applicable your marriage certificate 

 

* if applicable evidence she was in your legal and physical custody 

 

* your USA Birth certificate, CRBA, naturalization certificate, or certificate of citizenship 

 

Otherwise down the road she might need a certificate of citizenship. Producing the evidence I’ve listed decades after she turns she 18 or after you have passed away is challenging. 
 

Increasingly, more bureaucracies are no longer satisfied with a U.S. passport or passport card as evidence of U.S. citizenship.  Examples I’ve see include:

 

* USCIS if your daughter wants to petition a relative to immigrate. Varies by case and IO

* federal civil service for certain roles 

* military  service for certain roles

* registering to vote online in the state of Tennessee

* California state DMV when electronic verification of citizenship does not work

* security clearances for certain work under contract to the federal government 

* SSA when issuing an SSN (unlikely to apply to your daughter if she got an SSN before age 18 … there is a secret policy that has stymied citizens born abroad who learn as adults that they are USA citizens) 

* passport agency if she loses both her passport and passport card and doesn’t want to pay the file search fee

 

10 years ago you never heard of most of the above. Not not a year goes by when I find another edge case.  Stricter interpretations of the PATRIOT and REAL ID laws are resulting in  citizens who don’t have a USA birth certificate, CRBA, certificate of naturalization, or certificate of citizenship to be treated as second class citizens.  

 

wow , so the majority recommend certificate of citizenship , although the passport is a strong proof of citizenship.

4 hours ago, JourneyFromA2 said:

Speaking from a personal experience here:

 

My sister was adopted and got her US citizenship when my step-father got his citizenship and my mother got het green card. 
My step-father has passed away and my mother had gotten her citizenship, since,

 

So, now mom is trying to settle up all affairs here before moving back to her home country to retire and one of the thing was to make sure my sister was taken care of. She then found out that my sister’s passport had expired and lost her passport before she turned 21 last year. In December, my sister applied for a renewal so she could go to Indonesia with her, but for whatever reason, the application was returned and she was asked to supply proof of citizenship. Now we are all scrambling to get her N600 filed. 
 

Take this story with a grain of salt. 

Oh man, then I have to apply for N-600 for her and pay the fees $1170 , we are not sure what is gonna happen in the future.

23 hours ago, discoverusa said:

It doesn't hurt to get Certificate of Citizenship. I wouldn't do it because I am cheap. It's very expensive!

yeah , but it hurts my wallet

Just now, Chancy said:

 

I do not recommend applying for N-600 if she cannot get a passport.  N-600 is a one-time deal.  If she gets denied, she will not be able to apply again.  Re-apply for a passport first, submitting other proof of citizenship.

 

She already has a passport and a passport card

23 hours ago, Chancy said:

 

I think you mean the certificate of citizenship (CoC).  The certificate of naturalization is obtained via the N-400, not the N-600 process.  Applying for CoC via N-600 is optional.

 

Yes I meant certificate of citizenship

My daughter acquired  US citizenship through me before 18of age, and a US passport was issued for her , the question is : do I have to apply for certificate of naturalization for her or not . She already has a passport and a passport card.

Update to this unbelievable situation, my friend as I said was managed to enter the country  after being away for 9 years, and now she applied for green card renewal and scheduled to receive the new green card within two weeks from now.

1 hour ago, retheem said:

And the gamble paid off. Hope they stay put now and settle

I am not sure whether she and her husband will be able to renew their green cards or not. If they ask for their passports, they will find out that they have been away for more than 2 years.

Just now, Mike E said:

Congratulations to your friend.  
 

I am happy to be vindicated.  And happier for your friend.  Hopefully she stays out for 5 years before filing N-400.  

Yes , and she needs to renew her green card because it will expire in March

On 1/31/2022 at 8:59 PM, Kor2USA said:

I'm following this story with interest as I have a friend in a similar situation.

They've been filing taxes and have a home in the US. 

 

@Disteny please update us when and if they enter the US.

My friend has to apply for a returning resident visa in order to enter the country, and she has to apply for it 3 months earlier and follow all the procedures , proof of ties in US , and does the biometric, and get all the vaccinations needed. I don't know whether she will have time for all of that. Her green card will expire in the end od March and her husband in April

10 hours ago, Dashinka said:

 

I agree, the OP's friend seems to have a very different situation, but who knows.

 

It is interesting, we have been seeing a few more stories like this lately.

Sometimes it is hard for immigrants to adapt to the way of life here. For me when I came, the first year was the toughest, and I was so much depressed.

9 hours ago, Boiler said:

If they try it please let us know what happens.  

 

I would bring along evidence that they have been filing taxes at the very least.

My friend and her husband will give it a try, some of their friends here in America adviced them to come through New York, believing that nobody will notice, as the airport always busy.

22 hours ago, Mike E said:

That changes everything.  
 

https://www.lawfirmav.com/case-results/

 

The Clients, four Pakistani-citizen family members who were Green-Card holders since 1992, and three of their U.S.-citizen family members had left the U.S. for Pakistan in October 2005 only intending to remain there for a short period. However, due to multiple medical conditions and property-sale issues, their trip became extended involuntarily until June 2009 when they returned to the U.S. Upon the Clients' arrival in the U.S., their passports and Green Cards were confiscated and they were placed in removal (deportation) with the allegation that they abandoned their Green-Card status because they were outside of the U.S. for almost four years. The Clients sought the assistance of the Firm's attorneys thereafter. The Firm's attorneys sought to terminate the Clients' removal proceedings because they did not intend to remain outside of the U.S. for so long, but ICE initially opposed the motion, thereby requiring a hearing on the merits of the motion. At that merits hearing, testimony was taken and arguments were made. At the end of the merits hearing, the Immigration Judge found that the Clients had not abandoned their Green-Card status and, due in part to ICE's change in legal position, granted their motion to terminate their removal proceedings. ICE waived appeal, making the decision final, and the Clients were returned their Green Cards and passports that very same day.

 

 

wow, those people stayed outside of America for only 4 years, not 9 years

2 hours ago, Mike E said:

So why does she  want to keep her green card? Has something changed? Depending on the answer she has a good chance of overcoming an accusation of abandonment of LPR status.  

ٍShe wants to come back and live here. 

3 minutes ago, Timona said:

There was someone on Jim Hacking today with the same story..Hey @Disteny go on YouTube and look for his video done today. The guy was from Kurshish region of Iraq. He mentioned the area.. so it's easy to know whom I'm referring to 

 

Ok I will check it

Yes 9 years. She and her husband when they first came here, they couldn't find a job, she found a part time job while her husband didn't and he was so upset that's why they decided to go back and keep working to make enough money. 

Yes the green card still valid, it will expire in the end of March

Just now, Timona said:

 

Just to piggy ride on this. 

 

Which is better. All she needs is to tell her story. Most are given green light.

 

Referring that to OP👆

I will tell her and see what she will do. Thanks a lot. 

4 minutes ago, Lil bear said:

Residency  is considered abandoned if the LPR is out if the US for over 2 years   Technically your friend can board a flight with the green card but when asked by CBP “ how long have you been out of the country?”… thats when  things will start to become very very difficult 

So the question here, if she managed to enter the country , it is possible to be deported right ?

I have a friend who has a green card , but left the country and has been away for 9 years due to family issues and they couldn't adapt to life in America, her green card will be expired in March. Can she come  back before the expiration day and renew it in order to live in America once again?

To my surprise on checking the passport status of my daughter on  June 8th ,I found out  it was approved on that day . And I received the passport today June 10th . They mailed the passport and her birth certificate in the prepaid return envelop I sent to them in February when I sent asking to get her documents back that's why I enclosed a prepaid return envelop . Finally our ordeal came to an end after 6 months.

Just now, SusieQQQ said:

Have you contacted your congressperson yet?

No Not yet 

On 5/24/2021 at 8:55 PM, SusieQQQ said:

Usually a contact form on their website, you can find your representative here https://www.house.gov/representatives/find-your-representative

 

 

If I were you - I would have your daughter file her naturalization application now. It usually takes months for them to get processed, I would not first wait to get the green card back - it should be back by the time she gets an interview.

Finally I was able to talk to one of the passport representative after waiting for 2 hours and 15 minutes, but he said same as what their website shows "still processing " since November 2020, so I asked to talk to his supervisor because we haven't heard from them in any means, she said the documents went through and we can not track them because they are in another department,  I told her but it's been 6 months now she said yes your daughter's application takes longer then you, and they can not promise anything and I have to wait.