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Shub

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Posts posted by Shub

  1. That other question you had in the past was surely a different situation. There are always naysayers who will give you incorrect/incomplete answers because they don't like something you said -- for example, I see this often when dealing with undocumented aliens who were deported and would like to come back legally; such people are often told they cannot come back, period, even though they may be able to apply for waivers of inadmissibility.

    In your case though, the simple fact is you don't meet basic requirements for naturalization at this time. Don't let me stop you from applying if you want, but don't come back saying you weren't warned if USCIS denies your application.

    As an applicant for naturalization based on 3 years of residence and marriage to a US citizen, these are the BASIC requirements:

    - 3 years or more since you became a permanent resident (you meet that requirement)
    - 3 years as a Permanent Resident without leaving the United States for trips of 6 months or longer (you do not meet that requirement)
    - Over 18 months of physical presence in the US (you do not meet that requirement)
    - 3+ months of having lived in the same USCIS district as where you are applying (I don't know if you meet that requirement)
    - Good moral character (I don't know if you meet that requirement)
    - English & civics knowledge (I don't know if you meet that requirement)
    - Attachment to the constitution (I don't know if you meet that requirement)

    If you were out of the country for more than a year, you can apply for naturalization as early as 2 years and 1 day after your return to the US, provided you meet all the other requirements, so you may be able to apply around February-March of 2015, feel free to look into that. But I do not see any way you would be approved if you applied today.

  2. n-400

    In addition to my above post, I would point out that you do not need to submit tax stuff when applying for naturalization based on 5 years of residence. Review http://www.uscis.gov/sites/default/files/files/article/attachments.pdf for what you need to attach to your application.

    If you have no special circumstances to your case, all you need for a "5-year" application is a completed form N-400, a check for the fee, front and back copies of your green card, and two passport-size photos. Again, your marriage has no relevance here as you are applying on your own. You could be divorced/widowed and still single or thrice remarried for all they care.

  3. There is no such thing as "filing for 5 years based on marriage".

    If you are applying for naturalization based on the 5-year rule then your marriage (or lack thereof) is irrelevant.

    If you are applying for naturalization based on your marriage to a US citizen, the requirements are based on a 3-year period, and yes, one of the things you need to include with your application is evidence of having filed your taxes for the past 3 years.

  4. If you already applied, it's pretty safe to say you will be denied simply because you do not meet the physical presence requirement. When applying based on the 3-year marriage rule, you need to have been physically in the US for a total of more than 548 days (>18 months) over the 3 years preceding the date of your application. It doesn't sound like you meet that basic requirement so you will probably be denied.

    If you have not applied yet, you probably should not bother and wait until you are eligible. If you came back in February 2013 and have not traveled since, you will be eligible around December 2015.

  5. The best advice I can give you is to read the official documentation from USCIS.

    - M-476, A Guide to Naturalization - http://www.uscis.gov/sites/default/files/files/article/M-476.pdf

    - N-400, Application for Naturalization - http://www.uscis.gov/n-400 (do the eligibility worksheet, review the naturalization requirements, then go over the form and its instructions in detail)

    If you have any questions after that, let us know!

  6. As the above poster said, your minor children cannot derive citizenship from your US citizen spouse. If you decide to apply for naturalization and become a citizen before your children turn 18, then they will become US citizens automatically. If they are over 18 at the time you become a citizen, they will have to apply for naturalization and will need to meet the requirements on their own.

  7. Presuming that you are planning on applying for naturalization based on your marriage to a US citizen, you can apply 3 years minus 90 days after the date "resident since" on your green card, so make sure you do the math correctly (90 days is not 3 months!) and give yourself a few days of margin just in case (e.g. send your application 85 days before your 3-year anniversary, not exactly 90).

    Your 29 days of traveling outside of the US are perfectly acceptable. The physical presence requirement permits up to 547 days of absence within a period of 3 years.

    Please review the requirements by going to http://www.uscis.gov/n-400, you can then click on the "Document Checklist, Current Fees, Naturalization Eligibility Worksheet (608 KB PDF)" link to make sure you are eligible.

  8. As far as I know there's only one office per district, so I'm fairly certain that the district director is the same thing as the local office director.

    Based on that, I believe that you need only figure out the address of your local office and go from there.

    You will know the address for sure when they have you come to your interview, but you can try looking it up online.

    I googled "uscis field office louisville kentucky" and found this:

    https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=LOU&OfficeLocator.office_type=LO&OfficeLocator.statecode=KY

    That said, I have no experience expediting any part of the naturalization process, so I can offer no advice.

  9. Filing form N-600 is not necessary, they can apply for a passport with secondary evidence of citizenship, i.e. YOUR certificate of citizenship, their birth certificate, and if said birth certificate is not in English, a certified translation thereof.

    The advantage of applying for a certificate for them is that the document never expires, much like a birth certificate, whereas with a passport, they will need to renew it before it expires, every 10 years, to make it easier to prove their citizenship if and when required. If they let their passport expire, then they will need your certificate of citizenship and their birth certificate and their translated birth certificate if applicable, all over again.

    So really it's a matter of choice, as well as how careful you are with keeping your documents safe in a spot where you won't forget them.

  10. That's actually pretty easy. Like the above poster said, generation 2 can claim US citizenship by birth, but because she never lived in the US, she cannot pass US citizenship down to generation 3. She could immigrate to the USA legally and then petition for her children to immigrate to the US and get green cards. To become citizens, they would have to naturalize following the standard process of naturalization.

  11. HI Folks,

    My wife just recieved a yellow letter from USCIS. Seems to indicate we have to bring more information to the interview. It stated we should bring state issue id, passport, and court document about wife's arrest.

    My wife was detain when she first came to America because she had entered Illegally. This was the only time she was 'detained'. I had sent all the information we can find, but because we got married, she got approved for a Green Card which dismiss her case.

    We did filed n-400 in January, and got biometric done on Feb 7th. Case online indicated we are place in line for Interview.

    I'm sorta a panciky type of person so just wanted to know if anyone else experience getting this letter? Do you know if this will further delay the process? Just looking for recommendations.

    Thanks,

    HMCHIU

    The yellow letter happens to a lot of people and is no cause for concern. It means nothing when it comes to the processing time of your case.

  12. Where can we get the red book with the citizenship questions?

    They will give it to you at your biometrics appointment.

    Beyond that, you can look at the official resources at http://www.uscis.gov/citizenship/learners/study-test (that red brochure is available there in digital format) or use this web-based tool to practice: http://amaruk.atspace.com/tests/NewCivicsTest.html (you'll just need to look up the names of your senators (in PA, that's Bob Casey and Pat Toomey) and the representative for your congressional district (it was Allyson Schwartz for me)).

  13. You have more than enough evidence as it is.

    Technically all you need is your spouse's birth certificate if he's a natural-born US citizen, your last three IRS tax return transcripts and your current marriage certificate. And if either of you were married before, evidence that that's no longer the case. Your child's birth certificate and your current lease are gravy on top, feel free to add those but they're unnecessary. I really wouldn't bother with any bank stuff or the homecoming pictures, but especially not the bank stuff.

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