lovinglive

On 8/26/2023 at 2:10 AM, Chloe257 said:

If I qualify for ina 319(b) and I immediately leave the States for abroad after receiving my green card, is the goal to apply for naturalization within 6 months? Would that override the green card requirement not to be away for more than 6 months? What if the naturalization application is still pending for more than 6 months and Im still stuck abroad? Will my green card still be valid? Thanks!g 

We were facing the same issue that you raised - if you are overseas and applying for expeditious naturalization, do you still need to abide by the 6 month rule?

For us, my wife had already been overseas for about 5 months when we applied for expeditious naturalization.  I tried to ask this question in this thread to people like @Qian but I don't think anyone has a clear answer.

We decided to play it on the safe side, and when my wife was close to 6 months, she returned to the US.  Fortunately it was not long before she had her naturalization interview.

So my thoughts to you would be to apply as soon as possible and if you're lucky your naturalization interview will come up well before 6 months.  

Well, my wife has been naturalized and received her naturalization certificate, it seems that it is all over except for getting a passport.

I'd like to write back to inform the group what happened.

My wife and I had been in a long relationship and had one child, and then were married in the US in 2022.  My wife received her green card in record time in October, 2022.  Then in late 2022, I was offered a job overseas, but for different reasons had to wait in order to start until earlier this year.  

My contract was only for one year exactly, with the possibility of extensions.  I believed that my wife was still eligible, as long as we applied before my contract actually started.  So we applied one day beforehand, the key documents of course being my contract, and a letter from my employer.  My employer wasn't willing even to mention my wife by name or refer to her identification documents, but in the end this made no difference since the employer's letter referred to me and we had a marriage certificate. 

We applied online one day before my contract started.  We were already overseas at that time.  We didn't submit fingerprints because they would only be able to be taken at the US Embassy, but they were never requested.  Of course, however, we did pay the biometrics fee.  We chose Washington, DC because others on here advised that they are used to these types of cases and we would face no hiccups.

Within about two months my wife received an email asking her to set up an appointment with choices that were within about three months of our original application.  By that time she had returned to the US to be in compliance with the unofficial, informal rule for green card holders not to be abroad for more than six months.  Since I had been the one to figure most of this out, and my wife is taking care of our child, it was quite hard to get all the requirements communicated to her in preparation for the interview, get her to assemble all the documents, etc.  I was stressed out before her interview because she went to Washington with out originals of our marriage certificate, her birth certificate or my birth certificate.  It made no difference, though.

It sounds like the interview was very easy.  She arrived and had to tell them her name is on the military list.  The interviewer complimented her on her dress and another IO even came over thinking it was her case.  

The IO asked a few questions like wanting to see her main documents like passport, green card, my "travel orders" (which my wife just gave her my employment letter).  She asked to see my wife's travel itinerary, they asked where I am. 

Then they ask her a few questions from the civics test but it didn’t seem like it was even 10 questions.  Then there was the English test, which involved writing on a tablet.  It was quite easy. They also asked her some of the long list of questions from the end of the N-400 application.  They did not ask whether she was planning to get a passport or not.

Then they told her to come back the next day, and she had her naturalization swearing in ceremony the next day!  It seems like it is all over for us.  

A few lessons learned as I already mentioned: 

-You can apply from overseas

-You can apply online (in fact that may be better)

-You may not even need the fingerprints but you have to pay the biometrics fee

-You don't need to be married for one year to apply

-If you're already overseas you can choose the location of your interview, and Washington DC is a good choice

-Since it could not be guaranteed that my wife would succeed with this application, we opted for her to return to the US to avoid staying overseas too long and triggering the 6 month rule

-We applied for the re-entry permit before we even went overseas in the first place but it never came back

-The process was surprisingly fast

-My wife's interview was easy and consistent with the descriptions of other people on this thread.

Thanks to everyone who shared their experience here.  We learned so much form it and ultimately, had success.

11 hours ago, Lemonslice said:

You can still get insurance, just from the insurers directly, instead of the exchange.  Did you find coverage that fit your needs?

Right, we could do that. I'm guessing the ACA provisions will not apply if you apply  directly to the insurers, correct?  I.e. denial or pre-existing conditions, and of course you don't get a subsidy.

It looks like my wife will be leaving the US in 6-8 weeks, though.  So we are probably going to get one of those visitor policies again- it's an insurance policy that people who visit the US for a fairly long period of time (like a few months) use.  I have to check the T&Cs and make sure we can use it.

11 hours ago, M+K IL said:

One option is to wait until naturalization in 3-5 years. That's what we are doing

 

Our country also does not recognize dual citizenship anyway so we won't need to deal with its bureaucracy - if your wife wants to keep both passports then that might be trickier, I'm not sure what would happen if the names are mismatched. Probably OK too, so that might be an easier route - just have the changed name in US documents, but only change when naturalizing

Thanks for your reply, we probably won't have the change in name match up to the naturalization ceremony.

So I guess it's just a matter of following the normal legal process to have her name changed.

Honestly, I'm not even sure if it is possible to change my wife's name in her home country.  I'm not sure they have a process for that.

Hi everyone, 

Good news that my wife has been scheduled for an appointment for an interview at the Washington DC office in a few weeks.  We are busy preparing and trying to make sure everything goes smoothly.

I just have a few questions:

-Is the English test difficult?

-The oath ceremony is on Tuesday at the Washington office, correct?  (Trying to make travel plans)

-How is it possible to get a passport?  While the letter from USCIS says that you will be required to obtain a US passport, it sounds like this is quite impractical.  Also you are expected to buy a plane ticket before the interview, which means before you even know if you will succeed in becoming a US citizen, or have even attempted to get a passport.  I have heard that you can call two weeks before your departure and ask for an emergency passport. I also read a number of people that said they departed on their previous country's passport and then applied for a US passport while abroad, although this seems to contradict the letter from USCIS.

Any advice on how to navigate the passport issue?  

Thanks for your advice.

My wife and I were married last year, conducted AOS and then applied for her green card. We never had her name changed as has been the custom on marriage in the US and most countries.  It would have made an already difficult process even more difficult and we just couldn't deal with it at that time.

 We've been asked a few times by others in the our family about this.  My guess is that it would be a fairly simple legal process to have name changed.  Has anyone experienced this?  Is it a fairly straightforward process?

I'm more concerned with how difficult it may be to have her name changed on all of her documents in her home country, including passport, national ID, etc.  Her original country has a problem with bureaucracy and making things difficult when it comes to paperwork.

On 6/25/2023 at 11:31 AM, Lemonslice said:

You have an enrollment period/life change event as a new immigrant - I hope you didn't wait too long, that would be a shame.  When did she enter with her visa for the first time?

Otherwise, just reach out to insurance companies directly. 

Yes, unfortunately, I think we missed all the special enrollment period options.  The obvious ones seem to be marriage and possibly moving.  We were married about one year ago and she received her green card in October.  

Bottom line is that I think we will have to wait until this year's enrollment period starting in November.

@Boiler what did you mean above when you wrote "as a LPR, now that category is retrogressed,"?

On 6/27/2023 at 11:31 PM, Chancy said:

 

@Unlockable posted an excellent summary of the hurdles to overcome for US immigration of adopted children --

 

Thanks I'll check that out.  Unfortunately I think it may not be possible.  Since my mother in law is the only really caregiver for this child, it would mean that she would be away from the child that she has been raising for a long time. 

On 5/26/2023 at 2:28 AM, Lemonslice said:

Healthcare.gov

 

No need to confuse the situation that it might be for a short term period only, for all you know, delays could keep you in the US for years.  Just get coverage, and let them know when you are moving out of country, when that happens.

Thanks, I was looking into ACA coverage for a long time, had selected a plan and was about to apply.  Then I found out that there is only an enrollment period towards the end of the year.  I think it's November or December.  It doesn't seem like any of the special enrollment periods apply to us.

Do you have any idea what we should do between now and then?

11 hours ago, manyfudge said:

The thing to do is for grandma to formally adopt the girl.  This will sever ties to bio parents.

 

1) your wife sponsors mother or father.

2) mother or  father arrives.

3) that parent stays put until they naturalize and also the parent files petition for spouse and child 
4) long wait for spouse and child of Lpr but petition will become current when they naturalize

5) don’t have the kid overstay a tourist visa or a student visa.

 

 

So my wife's mother can come but she can't bring her adopted child, right?

But if she has formally adopted the child then she can petition for her when she becomes an LPR?

You seem to also be saying that the petition for the child will not become active until the mother becomes naturalized. So it means a very long wait for the adopted child to be able to come to the US.

Hi all, 

I found out that my wife can't petition to bring either of her parents to the US until she is a US citizen.  Fair enough.  When she does become a US citizen, she may want to petition for her mother to come.  However, her mother is raising her grandchild who is the daughter of my wife's brother.  She's been raising her for about four years already.

If my wife petitions for her mother to come, can she also bring this adopted grandchild with her at the same time?  Or does she have to come herself first and only then petition for her granddaughter later?

TIA for your responses! 

Thanks everyone, your answers were very helpful.  We'll keep working on it.

42 minutes ago, beloved_dingo said:

My bank was able to add my spouse before he had his SSN, but the person assisting me had to get a supervisor involved because there were some obstacles to get around. The bank employees were extremely helpful and understanding of our unique situation. This was PNC btw.

 

Side note - at that time, he couldn't be added on an interest-bearing account. So they got him on my checking account, but not savings. 

Thanks, that's useful information.  We'll keep trying.

30 minutes ago, YecaCruz said:

Wiiiierd. I've worked at a bank since 2011. Unless the banker was a having a bad day there should have been a reason that they couldn't open one for her and you SHOULD have been told that reason(s). Can you add her on any of your accounts, or add her as a co-signer or authorized user to any of your credit cards? That way when the next statement cycles, her name would be listed along with the address. The only reason we wouldn't open an account at the bank I work at is if the person has unsettled charge-offs with other banks. No credit history is not a factor where I work but I supposed that doesn't mean other banks may look at that. Bad credit is another story, which I'm sure she doesn't have anyway.

Thanks, that's good to know to put it into perspective.  I tried opening a shared account at an investment broker that also offers bank accounts and that seems to have sailed through without any issues.

It seems adding her to a credit card as an authorized user is another good idea.  Thanks for your help!

2 minutes ago, JeanneAdil said:

I was able to add my husband when he was still in Moroc

Try changing banks

Or go get her state ID with real ID

Thanks, how can you get a State ID if they require these documents sent to the address?  We have mail from USCIS but need one more.  

Hello all, 

I'm wondering if you may have some insight into this problem and how to get around it.  My wife needs to be able to prove her residence in order to do things like get a driver's license or ID.  My bank initially was willing to take her on as my spouse but then for some unknown reason they denied her and said "they won't do business with her".  I'm not sure if this is because she has a new SSN, no credit history, etc.

Basically we want her to have a bank account but even more urgently to prove her address.

Will other banks also cause the same problem?  Should we just try another bank?

On 5/26/2023 at 2:28 AM, Lemonslice said:

Healthcare.gov

 

No need to confuse the situation that it might be for a short term period only, for all you know, delays could keep you in the US for years.  Just get coverage, and let them know when you are moving out of country, when that happens.

Thanks, that seems like good advice.  I'll check it out.

Hello all, 

My wife (green card holder) is in the US now, and we don't know how long she will be there.  Previously she was on a kind of health insurance for visitors, but I think that is not an option now as she is a green card holder.  At the same time, we don't know how long she will be staying in the US as she applied for naturalization under 319b.  She and our child need to have health insurance but a non-permanent option would be better.  I am employed outside the country and my employer doesn't provide me with health insurance- I have to purchase my own.

Are there any health insurance options that are not long term in the US?  Obamacare may also be an option.

TIA!

My wife had no problem on entry.  She said they didn't even ask her anything.

13 hours ago, Lemonslice said:

You don't mention anything. She can answer questions truthfully, if asked. Bring away 5 months is nothing special.  Unless she took residence abroad, it's just a trip. 

All right, I hope it goes as smoothly as you say.  I'll compete a POE review after this.  Thanks

14 hours ago, Crazy Cat said:

A trip outside the US for only 5 months should pose no issues when returning for a Green Card holder.  She should need only her passport and Green Card.  

OK, that's good to know!  Nothing to worry about then.

I should mention that when we departed from the US in December, my wife had only had her green card for about 2 months.  But that still shouldn't make any difference, I guess.

Hi all, 

My wife will be returning to the US alone with our child after about 5 months and 10 days abroad.  She already has her green card, but we're just planning ahead to have her prepared with all the best documentation in case she faces any questions or examination at the point of entry.

We filed a request for a re-entry permit, for which there has basically been no action except accepting her previous biometrics.  Then we also filed N-400 recently and they said they are reviewing her case.

I'm planning to print out for her: Receipts (I-797) for Re-entry permit and N-400, screenshots of MyUSCIS page, possibly the applications themselves.

Is this sufficient for the CBP people or is there anything else that she should bring with her to avoid any unfortunate events?

If there are any relevant links that would also be useful.  Thanks in advance for any help!

On 4/25/2023 at 1:13 AM, Obliged9127 said:

Okay, I (US citizen) am getting married to my girlfriend. Known each other for the past 5 years. 4 years cohabitation and slightly over 3 years of dating.

 

I have already decided to include:

• 2 years of joint bank statements showing direct deposit of our salaries (~48 pages, two per month)
• Rental receipts of the past year (12 pages)
• Affidavits from my parents, my cousin (her best friend), her brother, and our friends (5 pages)

 

I need advice on whether to include any of the following, listed in descending order based on an educated guess of what I think is important: 

• Joint lease agreement (~10 pages + addendums)
• More rental receipts stretching back farther (~48 pages)
• My credit card statements with her as an authorized user (~2 years worth) (~48 pages)
• Her name on my notarized Advanced Directive, signed ~1 year ago (~7 pages)
• Proof my dad took out a loan and paid her university tuition when her parents cut her off for dating me (~2 pages)
• Pics (too many to count)
• 4 sets of hotel, travel records when we went on vacation together (~8-10 pages)
• Train reservations of routine visits to my parents (~20 pages)
• Receipts of our birthday gifts to each other (~10 pages)

 

Finally, if one has anything to say regarding potential red flags, I'd appreciate it. My potential worries include:

• my history with her parents. I still have not met her parents because they remain opposed to our relationship
• she is Indian, which is probably amongst the most nationality by USCIS
• she is a semi-observant Muslim, another category of people who are not exactly favorably looked on by certain people
• the fact she is a Muslim also relates to the fact that for sometime, time her parents paid her rent, she hid from her parents the fact she was living with people of the opposite gender
• Her being a Muslim also plays into how we first started dating: one night we were watching a movie (I know... so cliche) and decided to uhm… do some stuff and we continue to do stuff obviously, so definitely not halal

 

If we get a RFE, which I fear is a possibility, we have tons of more evidence we can present. But I'd like to not have that happen.

 

Thank you for your time in reading this lengthy post.

 

Tl;dr worried about our unconventional relationship but have evidence in the form joint bank statements, rental receipts, affidavits, and more to show the relationship is genuine. Is it enough?

You have tons of evidence, no problem.  If you apply online you can upload all your docs. I don't think they care about your wife's religion.

9 hours ago, dekemid@gmail.com said:

Can you explain in more detail

Look at the top of the webpage where it says "guides".