T and M
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Posts posted by T and M
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UserName........ Sent...........NOA1.......Biometrics....Int letter rec.....Interview.....Oath.........Office
kaino.......................................................12/31/08.........2/09/09
pdxBoof.........09/29/08......10/13/08......11/07/08........12/07/08.........1/27/09..................NSC/Portland
mnbinth.........08/28/08......10/29/08......11/20/08........12/09/08.........1/15/09.....1/15/09......NSC/Des Moines
Ze Maria........10/07/08......10/25/08......11/21/08........12/08/08.........1/29/09..................VSC/Baltimore
Chelsea.........10/07/08......10/22/08......11/28/08........12/08/08.........1/26/09..................TSC
Avvypudge.......10/10/08......10/30/08......11/21/08........1/2/09...........2/18/09..................VSC/Newark
bgbirl..........10/10/08......10/20/08......11/13/08..................................................CSC (NBC transfer)/
thea............10/11/08......10/24/08......11/28/08........01/07/09.........02/03/09.................VSC (NBC transfer)/Washington DC
stiglet.........10/14/08......10/30/08......11/19/08........11/28/08.........12/29/08.................VSC/Manchester
TX101...........10/15/08......10/24/08......11/03/08..................................................TSC/Texas
AJ .............10/15/08......10/30/08......12/09/08........12/27/08.........2/18/09..................VSC (Newark/NBC transfer)
zhz.............10/17/08......10/31/08......11/21/08........12/26/08.........2/09/09..................TSC/Atlanta
tyme............10/20/08......11/03/08......xx/xx/xx.........1/25/09.........3/9/09...................TSC/Charlotte/Durham
ikinNJ..........10/21/08......10/31/08................................................................VSC (NBC transfer)
Dima............10/23/08......11/07/08......11/21/08........12/17/08.........1/29/09..................NSC/Indianapolis
T and..M........10/23/08......11/03/08......xx/xx/08........12/26/08.........2/12/09..................TSC (NBC transfer)/Atlanta
tmman...........10/23/08......11/12/08......11/29/08..................................................TSC/Memphis
drs.............10/23/08......11/07/08......11/20/08........12/27/08.........2/09/09..................NSC/Cincinnati
kokobearus......10/27/08......11/01/08......12/03/08........12/27/08.........2/18/09..................VSC/Baltimore
oldahmed........10/27/08......10/31/08......12/06/08........01/10/09.........02/04/09.................VSC/Washington DC
Virginian.......10/31/08......11/04/08......11/28/08..................................................VSC/Norfolk
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What a great topic!!! Yet ANOTHER reason why citizenship is better than PR status. Only with citizenship can you enjoy the First Amendment right to free association!
I agree with the others...if you are a from a Communist country (or formerly Communist country), and were associated with Communist organizations (freely or otherwise) you should probably answer yes, and hire a lawyer. It probably depends on WHICH Communist Party. The Chinese Communist Party might cause fewer issues that the Cuban Communist Party, for example. And if you are lucky enough to have grown up in a more democratic country like Italy or France where 1/3 of the population voted for the Communist parties in the 1960s and 1970s, that's going to be a tough one, because you can't claim that it was forced upon you. I guess a lawyer is the best thing.
Or perhaps you just check yes and see what happens. Maybe nothing. After all, the Cold War is over.
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Update: Our attorney spoke with the immigration officer this morning. The IO says that 319b waives 3 years of residency but does not waive 3 years of marriage. Our attorney gets to present her case to the director of the local office and he's going to make the final decision. I don't know when that will be. The IO is fairly new and she says this is her first 319 case so hopefully the director knows his stuff.
Thanks for the update. Sorry this wasn't solved quicker. Keep us posted on the appeal. And seriously, fight hard, b/c many people have been approved under 319b with no minimum time on their marriage. As we have pointed out on this board, 319b does not have a married time limit. Only 319a and 319d applications.
Good luck. And keep positive. I am confident this will get sorted out as soon as you have the chance to deal with someone a bit more experienced that your IO.
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and scratch your posh sofa and claw your hands and legs, though if you dont want a pet to do something dont by a speices that does it imho
never did get the mutialtion thing where not nessersary, we only had one dog who was surgically docked but she was taken shooting and that would have shreaded her tail and caused amjor problems for her had it not been done.
but to save a sofa 
Well exactly!! I mean, sure, spay the gals and cut the toms' nuts off (that's being a responsible owner) but ffs, leave it at that!
while we are on the subject of weird pet related differences, does anyone think it's weird to have a cage for your dog?
"Crating" house dogs is not that common in the US. I remember seeing it for the first time when I moved from Georgia to Washington, DC. I was horrified. And maybe it was my imagination, but the dogs were horribly behaved. Seems to me that housebreaking a dog is a time-consuming and dirty process that some pet owners are would rather avoid....Perhaps this has something to do with the US lifestyle....long working hours and few vacations? Less time to spend with our pets and kids and spouses? Or just a quirky difference which has no rational explanation? Here's some thoughts from wikipedia on crate training:
Crates are not universally accepted as a positive method of dog training. Steven Lindsay, in his Handbook of Applied Dog Behavior and Training compares a dog’s attachment to a crate with the Stockholm Syndrome.[1]
"Many advocates of long-term crate confinement claim that dogs are phylogenetically preadapted to live in a crate. These conclusions are based on various fallacious assumptions derived from inappropriate comparisons with the use of dens by wild canids and feral dogs. In reality, a crate has far more in common with a trap (or grave) than it does with a den. Further, a den actually has far more in common with a home, the natural environment of a dog, providing access to communal indoor and outdoor living spaces via a two-way door. An obvious distinction between a den and a crate is physical entrapment, isolation, and inescapability. While the den provides the mother with the seclusion and security that she needs to deliver and care for her young, it does not restrict her freedom of movement, as the crate does. Instead of providing a safe environ for her young, the crate serves the express purpose of separating the dog from social attachment objects.… After learning that the crate is inescapable, however, dogs appear to treat the crate in a paradoxical manner analogous to persons affected by the Stockholm syndrome; that is, they appear to form strong attachments with the crate, which becomes the place they identify as home."
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It's always in one's best interests to follow the instructions. Failing to do so sucks for the applicant, as in this gentleman's case who had to wait 2 extra months to get his citizenship. Sorry, but why does it bother YOU if someone screws up costing themselves time and money? This whole bulletin board EXISTS so that we can better follow USCIS rules and get through this process as quickly and painlessly as possible.
Get over yourself.
It doesn't bother me one little bit. I was merely pointing out the fact that since the OP didn't care enough to follow the USCIS rules in the first place, is he really surprised that his past behavior is coming back to haunt him now?
Perhaps if more people were a little quicker to condemn behavior that is clearly detrimental to the smooth running of the system, we all wouldn't all have to wait 6 months to be naturalized? It's cases like the OP that slow things down for everyone, simply because he basically couldn't be bothered to play by the rules.
Perhaps. But as Stella said, it's a pretty common mistake. I for one did not know we had to notify USCIS of address changes, but then again, we haven't changed addresses. Again, this board exists so we can help each other out and save ourselves - and others - untold headaches and time.
My only point was that the applicant probably cared a great deal, but made an honest mistake. Mistakes can haunt as much as negligence, however, as you so bluntly put, Jickser.
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This has happened to atleast 1 person I know and his fault was that he didn't notify the uscis of his change in addresses during the last few years. I didn't do so either, and now I am worried that I might have to go through the same thing. Anybody has more info regarding this?
Yes. I hate to be a #######, but this kind of thing is why most people treat immigration with some respect from the start. If you can't be bothered to follow the basic instructions from USCIS (until it's in your best interests to do so), then why do you suddenly expect USCIS to be bothered to show you any courtesy in return?
It's always in one's best interests to follow the instructions. Failing to do so sucks for the applicant, as in this gentleman's case who had to wait 2 extra months to get his citizenship. Sorry, but why does it bother YOU if someone screws up costing themselves time and money? This whole bulletin board EXISTS so that we can better follow USCIS rules and get through this process as quickly and painlessly as possible.
It's a shame you hate to be a #######, b/c you make a pretty good one.
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I keep my fingers crossed. I think Thomas&Milena is right and 319(a) and 319(B) are two separate items.
I wish I would have had time to read through it and make a case during the interview. I admit I wasn't thinking straight because everything happened so fast and we were caught off guard. I did find one thing amusing... or maybe it was disturbing. The immigration officer told us we would now need to apply for a re-entry permit so that my wife doesn't lose her green card. When I asked how to do it, the immigration officer GOOGLED how to do it. I'm not kidding. The officer was very pleasant to speak with, but I found it disturbing that the person who makes the final decision of something so important has to go to Google to find answers for a basic immigration question.
Definitely sounds like a case of a new, young officer who is not too sure of himself. If he had been sure of himself he would have denied you right away!
And don't feel bad!!!! I read this stuff thousands of times before we applied last October and was 100% sure. But your experience and stella's question made me freak out! I had to sit down and read over EVERYTHING last night before I was calm again, and almost had to give my wife some bad news. But it looks like all is fine, and we will all hopefully be approved!!!! Eventually...
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I've honestly never even considered that it wasn't a normal thing to let your cats out if you had decided you wanted to. Growing up in New Haven, all our cats were allowed outdoors whenever they wanted during the day (and often at night), unless they decided they would prefer to be indoor cats (we had a couple of cats who clearly preferred the comforts of central heat and sofas). In my neighbourhood in Burbank, we have a few outdoor cats I see regularly. I'd never heard it wasn't the done thing in America, unless you live in a busy street or in a high-rise.
I think you make a very good point, maven, that it depends on where you grew up. Once you travel a bit you realize there are different "customs," and they probably have more to do with lifestyle than nationality. Busy streets, for example.
Funny thing is that - while letting cats out was strange for me, after having grown up in north Georgia (the state, not the country), it was perfectly normal in our neighborhood to let our dogs run free. These days, only one neighbor lets his dog run free and he is getting lots of complaints! Time and customs change quickly!
Still, I'm for free range (chickens, kids, AND cats). If, of course, we can assure the safety of all those ranging. Here in Bolivia only kids freely range. Someone would DEFINITELY steal your dog or cat if you let him/her out. I'm only half kidding.
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Yeah - I have found that here too - there is no way that my cat from England would stay inside and as a result our American kitten goes out as well - but he wears a collar (Daisy refuses to wear one so we got in with the kitten while he was little so he is used to it
)Neither of them go too far from the apartment - Daisy might venture near to the road but as far as I am aware she doesn't cross it - she is quite a nervous/jumpy cat so she stays where she knows she can hide and it is safe. Both are microchipped as well.
I think it does depend on where you live - I was treated a bit like an alien when I said I let my cats outside
but I feel it is best for them - I have done everything I can to make sure they don't run off and can be traced back to me. And we *do* get coyotes (although I have only seen one cross the street near us) but that is at night when my kitties stay in. And we have dogs all over so they know to be scared of them What a fantastic topic! When I moved to Italy, I was shocked that my roommates let our cat out. But now I find it to be fantastic, and look at my fellow Americans as a bit overprotective when they don't let them out. The natural predators thing probably applies to northern California, but in the city, it should be fine! Don't see many coyotes walking down 16th Street in Washington, DC.
American families also don't let their kids out. Poor things.
Here in Bolivia, I think people HAVE kids just so they don't have to go to the supermarket every time they need to buy milk.
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Now I'm confused. Don't you only have to check "Yes" for name change if you want to change your name in the process of naturalization?
My name has changed when I got married and I put down my maiden name as "other names used" but I put "No" for name change since I want to keep my married name.
I think you are correct. You write in the other names box your old names....all of them....in their entirety. And you don't check the box unless you want your name changed from what it is on your PR card.
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Yes you are, Completely. I would not be applying under this section without your technical expertise! So i give you the crown!
I see what you mean about the 45-day rule. I was thinking that, in our case, we are "moving" back to the US on 23 January and the "moving back" overseas on 5 April, but we could make a very good case to the IO that we are already "residing overseas" and we just came back for the interview, in which case they may not mind if our return is 51 days after the oath. We'll see!!! I can't wait....we only have 3 and a half weeks to wait, and my wife is studying all the time! The new English test looks weird. It's all words that have to do with US history, like "George Washington" and "father of our country." Being able to pronounce the founding fathers is a different test than the old "My dog has fleas," or "She goes to the supermarket to buy groceries" tests. We are going to have a lot of new citizens who know all about US history but can't find their way to the grocery store.
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[quote name='Completely' d
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It sounds to me like the physical presence/residence and the marital union could be two separate things and it only waives one of the two requirements (the residence part). But I'm not a lawyer and I think in this case it's a good thing to have a pro representing your case.
That's the exact issue the IO brought up and I did my best in my non-legal background to explain that it's really left to interpretation. Our attorney thinks she found something better though so I'll let you know what that is if and/or when it works.
Please do keep us updated. Will be interested to know what this "something better" is, as we are in a very similar situation. The IO sounds like a very nice and fair person, so hopefully you (or your lawyer) will be able to show, through the INA and the CFR that this is not open to interpretation, but that indeed there is no requirement that one be married for 3 years to apply for citizenship in the normal case (316) or in your case (319b). You are not applying under 319a or 319d, so you should be fine. Hopefully this will not take too much longer, but when you have a chance, I think it would be helpful for all of us to know exactly what this process is. Are they simply holding your application, without making a determination "yes" or "no," until you have a chance to look into this with the lawyer?
By the way, which district office are you going through? Please say its not Atlanta.
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Thomas and Milena,
You're right. I made a connection between 319a and 319b even though they're two separate things. So, mnbinth should be covered, I would think. But once again, I'm not a lawyer (and reading all these confusing laws, I know why that is
)Indeed stella,
Although I had the opposite reaction. Reading through these laws, I'm glad we didn't hire a lawyer who would just ask for extra money when an open-close case required an appeal due probably to the lawyer's failure to adequately prepare his clients for the interview.
Honestly, what has the lawyer done so far for this case? Did he show up for the interview? Apparently not. Did he fill in the applicant's N-400? Probably, but that is hardly something that requires a lawyer.
One lawyer I spoke to about this required $1000 to file a 319b case, but I would hope that the appeal costs would be enclosed in this. Like you said though, stella, probably not. What a bummer.
Good luck mnbinth. I feel like you will win this one. And I think you could do it without this greedy lawyer. But either way, the law seems to be clearly behind you.
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Hello everyone,
I am writing because one of our fellow 319b applicants was declined at the last minute (after a 7 month wait), because the officer that interviewed his wife said they had not been married for 3 years. His immigration lawyer is now making his case to the officer, and hopefully there will be a happy ending.
I read the Immigration and Naturalization act many times before filing and talked with a few lawyers. Being married for three years has nothing to do with citizenship! Being a resident of the US for 3 years is a requirement and being physically present for 18 months is a requirement, but both of these are waived if you apply under 319b.
I am especially concerned because my wife and I are going to her interview in Atlanta in three weeks, and do not want the same thing to happen to us!!!!! Yikes!!!
Thoughts, anyone?
The officer might be new and do not know what she/he is doing.... When you applied for 319b, it waives all the physical presence in the US provided that you have strong reason why you live overseas..
My co worker did get approve first before me, and they are not even married for 2 years.
There you have it! That's why you are the queen of 319b, Completely!!!
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"5. No idea about that one. One would think you could get citizenship and get the passport and then change your plans due to unforeseen circumstances. At the time of the interview, however, you are supposed to show that you would be leaving within 45 days of the oath. One idea: ask the officer to schedule your oath for April. The only scary part is: what if they don't give you an oath letter until the summer....you would still have to fly back. My guess is that the USCIS will not be pleased if you are not planning on leaving within the 45 days. It is one of the few time constraints on 319b filers, and I can't imagine that are going to be flexible. It is the law, after all, that you be planning to leave. It's all about "good faith," it seems to me. We are in a similar situation b/c our flight back is 51 days after our interview. We are trying to decide whether to move it now or just explain to the officer that it is a flexi-ticket and we will move it when we have the cert of naturalizatoin in hand!!!!)
Thomas I am really curious as where did you get this information?
Just a note that make sure that your wife can fly at the time of her interview.. I know she is pregnant right now.. The airplane will be asking for a medical certificate.
Goodluck everyone.
Hi completely!
Since you are the queen of 319b, I was wondering when you would weigh in!
I'm not sure what information you are referring to, but the 45-day thing is something I read on the information sheets provided by USCIS on 319b. I can't remember if the exact time period is specified in the Immigration and Naturalization Act or the Code of Federal Regulation or not.....that's why we are waiting until we arrive. Perhaps we will have to move our flight up six days, which we can do by phone in front of the officer if needed! It is a flexi-ticket.
Good luck everyone!
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Update: I could never get a hold of our attorney on Friday for an update other than an e-mail requiring more money to proceed.
Talk about insult to injury. *sigh* If it works its all worth it though.
That's ridiculous. Your attorney must have screwed up somewhere along the line, as far as I can tell. Section 319b of the Immigration and Naturalization Act clearly states that those PRs who are living with their USC spouses abroad (assuming the USC is working for a US company or government) are not tied to any of the time restrictions for naturalization.
Also, if you look at the requirements for naturalization, no where does it say you have to be married for 3 years. It just says you have to be married and living in the US with your spouse for 3 years. Since the 3 years is exempted in your case, this should have been no problem. I am very interested to hear how your case gets sorted out.
For the rest of us, it would be interesting to hear about the appeal process. How do you make an appeal?
I think it depends on which way you interpret the law:
http://www.uscis.gov/propub/ProPubVAP.jsp?...758650d6d39638a
There are the general requirements:
Sec. 319. [8 U.S.C. 1430]
(a) Any person whose spouse is a citizen of the United States, 1/ or any person who obtained status as a lawful permanent resident by reason of his or her status as a spouse or child of a United States citizen who battered him or her or subjected him or her to extreme cruelty, may be naturalized upon compliance with all the requirements of this title except the provisions of paragraph (1) of section 316(a) if such person immediately preceding the date of filing his application for naturalization has resided continuously, after being lawfully admitted for permanent residence, within the United States for at least three years, and during the three years immediately preceding the date of filing his application has been living in marital union with the citizen spouse 1/ (except in the case of a person who has been battered or subjected to extreme cruelty by a United States citizen spouse or parent), who has been a United States citizen during all of such period, and has been physically present in the United States for periods totaling at least half of that time and has resided within the State or the district of the Service in the United States in which the applicant filed his application for at least three months.
And then there is the exemption:
(B) Any person,
(1) whose spouse is
(A) a citizen of the United States,
(B) in the employment of the Government of the United States, or of an American institution of research recognized as such by the Attorney General, or of an American firm or corporation engaged in whole or in part in the development of foreign trade and commerce of the United States, or a subsidiary thereof, or of a public international organization in which the United States participates by treaty or statute, or is authorized to perform the ministerial or priestly functions of a religious denomin ation having a bona fide organization within the United States, or is engaged solely as a missionary by a religious denomination or by an interdenominational mission organization having a bona fide organization within the United States, and
© regularly stationed abroad in such employment, and
(2) who is in the United States at the time of naturalization, and
(3) who declares before the Attorney General in good faith an intention to take up residence within the United States immediately upon the termination of such employment abroad of the citizen spouse, may be naturalized upon compliance with all the requirements of the naturalization laws, except that no prior residence or specified period of physical presence within the United States or within a State or a district of the Service in the United States or proof thereof shall be required.
It sounds to me like the physical presence/residence and the marital union could be two separate things and it only waives one of the two requirements (the residence part). But I'm not a lawyer and I think in this case it's a good thing to have a pro representing your case.
Indeed this is a very confusing case.
319b says that you have to "Comply with all other requirements for naturalization as provided in part 316 of this chapter, except for those contained in Sec. 316.2(a)(3) through 316.2(a)(6) of this chapter. "
316 says nothing about living for 3 years in marital unit. And sections three through six are all about continuous residence and physical presence.
The only word in the Immigration and Naturalization Act about living in marital union for 3 years is in 319a and 319d, neither which has anything to do with this case.
This case only has to do with 319b which references 316. It's a shame that our fellow mnbinth is going through this. The more I read this law (and I read it a lot before we applied), the more I am certain that mnbinth qualifies. There does not appear to be anything in 319b or 316 which refers to marital union.
Good luck, though! And please do keep us posted! I would not wait for the lawyer personally. I was call up that officer on his cellphone and ask him to look at 319b in the Immigration and Naturalization Act, which will point him to 316. The Code of Federal Regulations for 319b and 316 will back you up as well! Good luck!
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Update: I could never get a hold of our attorney on Friday for an update other than an e-mail requiring more money to proceed.
Talk about insult to injury. *sigh* If it works its all worth it though.
That's ridiculous. Your attorney must have screwed up somewhere along the line, as far as I can tell. Section 319b of the Immigration and Naturalization Act clearly states that those PRs who are living with their USC spouses abroad (assuming the USC is working for a US company or government) are not tied to any of the time restrictions for naturalization.
Also, if you look at the requirements for naturalization, no where does it say you have to be married for 3 years. It just says you have to be married and living in the US with your spouse for 3 years. Since the 3 years is exempted in your case, this should have been no problem. I am very interested to hear how your case gets sorted out.
For the rest of us, it would be interesting to hear about the appeal process. How do you make an appeal?
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But a citizen can't lose citizenship.....so I don't see any downside to having citizenship versus being a GC holder.
USCIS doesn't care for tax issue. IRS does.
IRS may catch you and prosecute for tax evading.
But there is certain amount threshold that you don't have to pay tax if you are living abroad.
But still you may have to report tax return to IRS.
Yeah, my accountant says the threshold is something like $85,000, but the IRS wants this amount claimed and then explicitly exempted, not just ignored altogether. I think you are right that someone could get caught for withholding taxes if they don't report it, but that's much better than getting caught for evading taxes AND losing your PR status. Either way, the burden on the PR is much higher than on the citizen.
I still say that if it's between PR status and citizenship, I'd take citizenship any time anywhere. There are countries that might make citizens serve in the military (Turkey and Israel comes to mind.) But even these normally grant exemption if you are living abroad. In that case, it might be better to be a PR in those countries while you are living there and only apply for citizenship right before you leave to live abroad so you can return without problems after you passed military age....30 probably. Either way, this doesn't apply to the US, unless Washington begins a major war sometime (not beyond imagination). Aside from this possibility, and maybe jury duty, I honestly can't see how the duties of a citizen outweigh those of a PR, especially given the benefits.
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IMHO
Cons:
As a US citizen you are required to file a US tax return every year, regardless of whether you a re still residing in the US. SO, if you decide to return to Canada to live, you still need to file an annual US tax return.
Cost of maintaining two passports
Pros:
Never having to deal with the USCIS again. Flexibility in choosing how long to travel for, where to move to, return to etc.
And, in defense of those being accused of "skimming" the post and not answering what was asked. The last question of the post is, and I quote "Any other consequences to not applying for citizenship?"
Also being a US citizen means that you don't have to renew your Green Card every 10 years.
Big Cons is that AusCal pointed out that tax consequences.
You have to report US federal tax no matter where you are.
Since some country have tax treaty between U.S. and them, it may be deducted for foreign tax, but still you have to deal with tax return.
Big benefit of being US Citizen is that you don't have to worry about immigration stuffs any more in U.S.
I have always filed US taxes, b/c I have always had US income no matter where I was living. But I also have known people who have lived/worked abroad for years and never filed a US income tax return. Is it true that you have to file every year? I know you have file every year if you are GC holder and living abroad. Otherwise you lose your PR status. Full stop. But a citizen can't lose citizenship.....so I don't see any downside to having citizenship versus being a GC holder. Either way, PR means you have lots and lots of responsibilities and you are not "free." A citizen has lots and lots of rights, a few responsibilities, and is absolutely "free."
GC holders have all sorts of restrictions, such as a pregnant woman cannot apply for S-CHIP health insurance coverage for her prenatal care unless she is a citizen or a PR for at least 5 years. (This might be changed in the next few days, due to a new president in the White House.)
But the WORST thing about being a Green Card holder is that whenever you leave the US for any reason, you are subject to losing your GC status. Most PR's won't lose their GC if they are out for less than 6 months, but if you are out of the States for 1 year you automatically lose your GC. Again, full stop. That's not cool.
I see few downsides to having as many citizenships as possible, especially when the alternative is GC status. Governments tend to treat their citizens well and treat immigrants poorly. Why not get treated well no matter where you go?
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Hello,
I reside in Cambodia and filed for citizenship under 319b in November, and if anyone can help me with these questions I'd be really grateful. This is all so stressful!
1. My fingerprints were rejected, because apparently the US Embassy in Bangkok is giving out the wrong forms. Anyway, I resubmitted straightaway. Did anyone else have this experience? How did it effect your application? How long do fingerprints normally take to process?
2. I submitted a wide timeframe for my availability for the interview (Jan. 25 through March 13), but now that we are well in January I need to adjust that based on some work commitments. How do I do that?
3. From overseas, is there a way to check in on the status of my app and find out if they've scheduled an interview yet? Is there a telephone contact?
4. How long does it normally take to obtain a US passport once citizenship is granted? Can you apply on the same day? I'm wondering because under 319b, I am supposed to leave the country within 45 days of obtaining citizenship and join my husband. Also, I'm not sure how to plan my return trip.
5. Which brings me to my final question: due to my husband's US Gov't contract, my interview needs to take place before March 31. However, we need to come back to the US in May for a friend's wedding. This unfortunately puts me out of range of the 45 day rule under 319b, meaning I'd have to make two trips. Since my husband will be coming to the States on May 8, is there any way an officer would allow me to stay until May 8, if I can show evidence of my husband's trip (a ticket, for example)?
Ugh. Thank you all so much!!! I will so happy when this is over. Luckily Cambodia has lots of cheap massages where I can work out the citizenship tension!
Hi,
1. No, my wife's fingerprints seemed to work fine. We had them made at the Embassy in La Paz, Bolivia.
2. As far as adjusting your availability I do not think that is possible. You will get an interview when they give it to you and you have to be there or you will have a hard time getting a new one. This is at least what I heard from people who had tried to change their interviews or ask for specific dates.
3. The only way I know of that you can check the status is by emailing or calling your US representative's office (or senator). They have a way to find out quickly. That's how I found out our interview date two weeks before the letter arrived.
4. A passport can be gotten within a short period of time. Do a search for "passports" and you will see hundreds of stories. Lately, people seem to be getting them in 6 days, with our without paying the expedited fee, but before you had to pay expedited fee or wait two weeks. My guess is that you can get it in 3-4 days if you were willing to pay for a courier service and expedite fees. I don't know that, however, and we are allowing 2 weeks. There is also the option (of dubious legality) of leaving the country and applying for a US passport at a foreign embassy. One 319b applicant did that and it worked, despite the fact that she was given a hard time by the consular officials.
5. No idea about that one. One would think you could get citizenship and get the passport and then change your plans due to unforeseen circumstances. At the time of the interview, however, you are supposed to show that you would be leaving within 45 days of the oath. One idea: ask the officer to schedule your oath for April. The only scary part is: what if they don't give you an oath letter until the summer....you would still have to fly back. My guess is that the USCIS will not be pleased if you are not planning on leaving within the 45 days. It is one of the few time constraints on 319b filers, and I can't imagine that are going to be flexible. It is the law, after all, that you be planning to leave. It's all about "good faith," it seems to me. We are in a similar situation b/c our flight back is 51 days after our interview. We are trying to decide whether to move it now or just explain to the officer that it is a flexi-ticket and we will move it when we have the cert of naturalizatoin in hand!!!!)
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Hello everyone,
I am writing because one of our fellow 319b applicants was declined at the last minute (after a 7 month wait), because the officer that interviewed his wife said they had not been married for 3 years. His immigration lawyer is now making his case to the officer, and hopefully there will be a happy ending.
I read the Immigration and Naturalization act many times before filing and talked with a few lawyers. Being married for three years has nothing to do with citizenship! Being a resident of the US for 3 years is a requirement and being physically present for 18 months is a requirement, but both of these are waived if you apply under 319b.
I am especially concerned because my wife and I are going to her interview in Atlanta in three weeks, and do not want the same thing to happen to us!!!!! Yikes!!!
Thoughts, anyone?
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I went with my wife to her interview today. There's good news and bad news for us. The good news is that my wife passed her tests with flying colors and had all documents in order. Also, the immigration officer was extremely friendly; couldn't ask for a better officer. The bad news is she decided to delay approval because we haven't been married 3 years yet. We filed under Section 319 of the Immigration and Nationality Act which is treated different than the average case and according to our legal advice and an Infopass meeting, the 3 year rule didn't apply to our case. (We'll be out of the country for a couple years and this is supposed to allow you to waive the wait time so you don't lose 2 years of the process while outside the country)... I find it hard to believe that we could hire an attorney, go through multiple levels of approval in USCIS and not have a problem until the last day. I'll spare you all the details. Long story short, there's lots of communication going on between our contact at the Senator's office, the immigration officer, and our lawyer. The officer even gave us her private number and asked us to call her as soon as we had more information she could use in the next 7 days. If she can approve, we'll do a private oath ceremony and be done. So, we wait and pray some more and the journey continues...
How terrible. Could it be that the officer was simply not aware of 319b? Should we bring the relevant sections of the law with us to our appointment? We have not been married for 3 years either, but - like you say - 319b is is supposed to waive all "clocks," other than the one that says you have to be posted overseas for at least 1 year after the oath.
Congratulations on her passing. I am going to bring up your case with the 319b thread. Someone might be able to help.
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I was in UK and at Nick's to receive his visa. He left a credit card with his name on it and a bill (his name and that address). When the guy came, he didn't even ask for anything...just gave me the envelope and handed me the thing to sign. You'll be fine leaving some id for them.
I had it sent to my university, and I was away in Bath when it arrived. The university post room called (make sure you give the embassy your cellphone number) and said, "i don't have your ID." But the courier trusted him to check my ID and when we got back to London we picked it up with my ID! Worked fine, but I would definitely leave your ID and/or put the person's name on the package who will be there to pick it up.
N-400 2008 October Filers
in US Citizenship General Discussion
Posted
Ditto man.