ManuFred
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Posts posted by ManuFred
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You can apply 5 years MINUS 90 days (not 3 months) after your "resident since" date on your green card, except when you have broken your CONTINUOUS RESIDENCE (been outside the US for more than 1 year at a time, though they can give you trouble even if it's between 6 months and 1 year), or have insufficient PHYSICAL PRESENCE (fewer than 913 days in the last 5 years) in the country. To be safe, you should have applied fewer than 90 days to your 5 year green card anniversary, as CIS can make mistakes in calculating. 80 days is safe.
That was exactly my point. There is no reason to apply for USC on the exact date you became eligible for most people. It hasn't always shown to be that much faster either applying date minus 90 vs date minus 80. My case is progressing smoothly as I applied end of February and will already be interviewing this week. However, I'm pretty sure it'll be another few months before I'll be sworn in while people interviewing after me will be sworn in before me. It's just the way these things go. Would you move to get faster processing. Don't think so :-)
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No, it's even better to wait a few weeks. Quite a bunch of people made mistakes calculating 90 day window. You won't be one of them.
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I GOT REJECTION LETTER FOR MY N-400 APPLICATION because i sent the citizenship application 3months before the 5ffth year of my GC...
To all who wish to file citizenship base of 5yrs it has to be exact date of residency..
Yes, they do apply the rules exactly as written in the instruction. 5 years - 90 days = 5 years - 90 days. Thinking its getting close and I might as well sent it in few days early could cost you 600+ dollars for which the taxpayer will be very thankful.
O by the way, does it mean you have to wait for 5 years before you can file again??
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yeaap the thing i fileD the N-400 3MONTHS BEFORE FIFTH YR.. OH WELL MY MISTAKE . I WAS THINGKING SAME THING WITH REMOVAL OF CONDITIONAL OF RES.
Bear in mind that the month May has 31 days so suppose you got your GC on July 15th of 2007, you would be eligible as of April 16th 2012,, not April 15th. You might have travelled in the first months after receiving the GC or have traveled abroad for more than 6 months out of a year. If so, a later date applies.
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I am a student in the Caribbean Med School and travel. It is very difficult to send away passport for consulate for 2-4 weeks and not be able to travel to school. If I miss certain number of days from school they automatically fail you. That is why I choose to apply for the second passport though it is expensive and valid only for 2 years. As it is I am under lot of pressure with work and study and don't want to add more uncertenity to my life.
Well, it looks like you won't have time to go to India anyway but I understand you want OCI so you can travel in case of an emergency.
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You need to file.. 5 yrs or more after and not 3 months b4 your 5th year.. You filed early that's why you got denied.. You can't get the 3 yr requirement for citizenship as a spouse coz you are divorced..
Pls read the link below for spouse to qualify. Goodluck!
Safest bet is to look at your GC and check the 'permanent resident since' date on it. Check if that has been more than 5 years back. If so determine how much time you have spent abroad and if that would jeopardize the date you can file. If not, you can file from the date you became a resident plus 5 years.
If in a hurry, you could file up to 90 days earlier but that hasn't always shown to be use full. In some cases process had to be put on hold to make sure candidate was not sworn in too early. Putting application on hold is usually not an issue but could delay your case after all. My sense is its better to wait for few months.
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i entered in the u.s based on MARRIED , i was divorced after 3yrs of married.. i understand that in order for me to qualified for citizenship atleast 5yrs the date of residency, now i submit my application of n-400 3before the date of my residency. i dont understand why its denied..
Because you need to be married a USC for at least 3 years. Since you're divorced you are not eligible to apply based on marriage (3 year rule). Looking at your timeline you aren't a GC holder for 5 years or longer either, unless you received your GC sometime before Jul 2007. In that case the -90 day option might apply to you. However if your physical presence counter has ever been reset, a later date applies.
Have you travelled abroad within first 90 days of arriving in the US?
Have you ever travelled for more than 6 months in one year?
These are the kind of questions you need to ask yourself to determine if physical presence was the issue.
I don't really know why people are so eager applying within this 90 day window, to be honest. Elections perhaps?!
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Did any apply for the Dual US Passports. I guess we can apply for the second passport in order to facilitate the foreign visa issuance. We keep one passport while we send out the other one to foreign embassy for the visa processing. Second passport is only vaild for 2 years. I am wondering if any of you applied and used the second passport for visa purposes. This morning I went ahead and applied for the second passport since I have to renounce the indian citizenship and apply for the OCI indian visa. At that time I have to send away US passport for 2 weeks so indian consulate can stamp the OCI and return the US Passport. My second passport should be ready on Monday. All these steps are entirely new to me and very nice US Govt allows this facility. Next week I have to goto Drivers License and Social Security offices to submit my status change. Any thing else I have to do besided the DL and Social Security?
OCI process is a breeze. You send the paperwork with copy of US passport first so it can be processed in Delhi. Once done, the consulate will tell you when to send in the passport so they match up OCI with the passport. Don't see reason to apply for 2nd passport.
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Not to steal the thread... but when did they have that rule?
(I think up to $93k a year is tax free if you are overseas, but you still have to file)
93k is tax free. Where did you get that from? Never heard of such a thing. To my knowledge, any income is to be reported to the IRS and only if you have paid taxes on this money abroad you might have the option of filing for a foreign income exclusion or foreign tax credit. If no taxes were paid anywhere else you would have to pay taxes in the US.
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He can update this either at the interview or even at the oath if he gets divorced on the way until he takes his oath.
Yep, and after that it doesn't matter anymore.
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Well, I received an email last night at around 3.30 am, stating the following:
Finally almost done
Congrats, very nice!
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Her death certificate in your case should suffice if you can get a certified copy of that. But yes, for marriage, and this seems redundant since you already went through the AOS and the ROC stages to prove you were both free to marry. That you have to do it again for naturalization, again, plus yet another certified copy for your marriage certificate.
One way to skip all this nonsense is to wait the full five years.
Despite death certificate is not gonna help in this case, I'm not even sure if her husband would be able to obtain a death certificate of his remarried ex-wife. He has technically nothing to do with her anymore so don't see why county would provide him with that. Perhaps her new husband would have to provide him with that. Isn't it weird a former spouse of your desceased wife is asking you for a copy of her death certificate to get his new spouse through the naturalization process?!
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Hello everybody!
I learned how to be patient with immigration timelines but I'm getting worried now.
After over a year I filed for N-400 and now over a month after I had my interview I have no idea if my petition was or will be approved. I couldn't be approved at the time of my interview because of my fingerprints (they are not readable) so my Officer requested a clearance letter from the Police, which I sent soon after my interview. Everyday I check my email and mail box with the hope I will get something but get nothing.
Has anybody here had such problems with timeline on N-400? I saw a few cases but I think after the interview everything went fast, I'm not sure. I'm very frustrated with the delay because I don't hear anything from them. It's like I'm in the limbo, purgatory or whatever.
Sorry to bother with my worries but I just wanted to know about people who had similar experiences here and if they could share them.
P.S.: I requested name change but I don't know if it would affect it that much.
From what I gather a month is not uncommon if RFE is issued. You're pretty safe as you sent in the required document that tells USCIS what they want to know. Since the rest of the interview went fine denial is not likely.
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Uneventful?!!
Dude/Miss/Mrs, you are citizen now and who is to say your letter or /and your oath date wont be before the beginning of May or before you trip?
I was thinking maybe your IO was nasty or mean to you or something!
Don't make the mistake to call yourself a USC after interview approval as one becomes a USC not until after taking the oath. This person hasn't taken his/her oath yet, so is not yet a USC! Chances are small but denial after a succesful interview is technically possible.
Travel is not a problem. Even if you would miss your oath without notfifying USCIS, you can still call them (within a year) to resume your case and have your oath rescheduled. Worst that can happen is a delay. Only thing you have to make sure is that your travel plans do not violate the eligibilty requirements. If your physical presence in the US remains within the eligibility requirements nothing will happen. However, if asked about any changes since interview do mention this trip.
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Well, it looks like the Dutch government fell today. Most certainly this bill won't be voted on again. Any eligible Dutch person who wants to apply for US citizenship take your chance right now!
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The problem is that they don't want to see if I have anything else on my plate, what they want me to show them is how the case was handled by the police, the exact story behind it and all, this is why they want the arrest records. This is why I highly doubt the VOG will be any good because it doesn't show anything really in that regard.
However, maybe it doesn't matter anymore as I received an email from USCIS yesterday afternoon stating the following
Seeing how I never submitted any evidence yet (since I never received the RFE in the mail yet), I'm starting to believe it may have been for the biometrics. Perhaps they received the bio results and now have what they need. I just hope that the rest of my case review will be ok as well
Thanks. As you can see in my quote a little bit above, it might not have been for the court session but probably was for the biometrics. I surely hope it was only this and that my case will move forward now
Awesome, I like RFE's you don't have to reply too
Let's say they're better than the ones you do have to reply too. Well, I guess you can book your next trip to the big island pretty soon. -
Unless my math is wrong, you were 25 (even if only for a few days) when you got to the US, thus required to register.
Not necessarely, depends if he entered the US on an immigrant VISA at the time. K1 (assuming he came through marriage) is still a non-immigrant VISA so he's fine.
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I see two problems here:
1. Working abroad: Definitely a red flag for USCIS.
2. Physical presence in the US: Will your friend have lived in the US for at least 18 months out of the three years when the time comes to apply? Just meeting the continuous residence requirement (i.e., no single trip longer than six months) is not sufficient. He needs to meet the physical presence requirement as well.
"Working abroad" (e.g. telecommuting) is fine as long as you're physically present in the US and has filed the correct tax returns with it. This guy is practically not living in the US but in Abu Dhabi.
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Dear All,
My best friend Married to U.S citizen for more than 8 years , His wife and children 6 years girl are both U.S Citizens.
He has a Green Card (Permanent Resident) since August 2010 and it's non conditional valid for 10 years so , he is eligible to apply for citizenship by August 2013.
He is working and living in Abu Dhabi , United Arab Emirates the whole time with his wife and children living with him all the time, he always travels to U.S every 6 months for 1 week to 1 month with his family.
He has a house in FL , Driver's license issued in there , has shared bank account and it's bona fide marriage and establishing life together.
Now my point is how comes he can apply for a U.S Citizenship while he is abroad and he is not working in the U.S.A?
Because I know for fact he must make tax return in order to be eligible for citizenship however , so far I have heard you can still report your abroad income and claim tax return on it but I don't know how please advise.
What kind of steps to be taken to make him eligible for a U.S Citizenship
Thanks,
Well first of all, it doesn't look like he'll meet the physical presence test either applying on 5-year or 3-year rule at this point. The rule of thumb is that a Green Card holder needs to be physically present in the US for at least 6 months (180 days) out of a year. This rule is also part of the eligibility requirements for citizenship.
From what you are telling us he has only been in US for about 1 or 2 months out of a year in the last few years so he won't be eligible to apply for citizenship right now. Actually, I'm also pretty sure that if he doesn't stay longer in the US in the next few years USCIS won't extend his GC either. The best thing this guy can do is establish himself in US for at least three to five years and then apply for US citizenship. After citizenship he can do whatever he wants.
As far as taxes go, yes the IRS has some provisions for foreign earned income to avoid double taxation. That would most likely apply to this person.
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Thank you for looking this up. Hopefully I don't need it but it might be better than nothing at all if it turns out they still need something. Kind of hope they will accept this in that case, because I know the US consulate wouldn't accept the VOG.
Edit: it makes sense they don't always accept it as it doesn't say anything really about someone's behavior. The government could feel someone is ok to receive a VOG but still might have done something in the past. If you see the example on this page, it doesn't really say anything important that they might want to get: http://www.rijksoverheid.nl/documenten-en-publicaties/brochures/2010/08/31/voorbeeld-verklaring-omtrent-het-gedrag-vog-rijkshuisstijl.html ..then again, if this is all I can get, it might be better than nothing.
I'm pretty confident that USCIS will accept this. They want to make sure you have nothing else on your plate in the Netherlands. This document would show you're in good standing with the Dutch government. It concerns a nationwide investigation by the Dutch Justice department so what else can they rely on. I think this would pretty much satisfy their needs.
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We filed i-751 for my petitioner husband in October 2011. Last week, we received a RFE in the mail. Here are the items we included as evidence (from memory, I don't have the papers in front of me). :
- Joint tax returns from 2009 and 2010
- Joint health insurance
- Joint credit card
- My retirement account showing petitioner as beneficiary
We bought a house, but at the recommendation of my realtor and broker, only my name was listed on the papers because of my husband's minimal credit history. Same with utility bills, I already had accounts with most of the companies, plus I'm the one that takes care of paying the bills. We have separate checking accounts simply because that is our choice.
My other frustration is that the RFE we received doesn't ask for anything specific to our case. They just give a general list of different types of evidence, much of which I'd already provided.
So I'm curious what is going to happen next. Could they deny his visa just because we don't live our lives according to their requirements? Will they call us in for an interview? It is pretty obvious when we're together that we're married.
Any advice would me much appreciated.
What you sent seems to be quite substantial if you would ask me so no clue why the IO handling your case would like to see more. Maybe some personal stuff like pictures of certain trips will do.
It is very unfortunate your realtor was such an idiot because the house would have been an excellent way to get him a credit history. You bought the house on your own which shows that your score and resources were enough. They could have tagged your husband on. No credit history is not a bad credit history so no problems there.
- Joint tax returns from 2009 and 2010
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You're right, it doesn't have to mean it's actually about the arrest record, but seeing how my day went, it is possible they do want it after all. I guess I'll know in a couple of days when the RFE comes in. I'll post what it is once I know
I'm unsure if I can get the VOG, thing is that I believe you have to be registered with the 'burgerlijke stand' in the Netherlands in order to get this (this is out of the top of my head, I could be wrong about it though) and that the 'burgerlijke stand' also has to give it to you. I will wait until I know what the USCIS wants from the RFE but if it turns out they indeed want the arrest record, I will first call the justice department, the Dutch consulate and maybe the US consulate in Amsterdam, perhaps that they can give me a letter or something in which they state that I cannot get that information. I have no idea what else I could do.
I just checked online and according to justid.nl (a Dutch government site) it is possible to look at the documents in person at the district court of the city in the Netherlands that one lives in... obviously I do not live in the Netherlands so even if I wanted to see the papers in person (and, to be honest, I don't feel like that at all as it will cost me at least 1500 USD in travel costs alone), where would I look at them? They will never send this out, it can only be looked at in person...
Here's a quote from their site:
Translated (for the non-Dutch speaking people among us:
source: http://www.justid.nl/index/inzage/
And actually, the whole situation might become even more weird... I read they either keep data for 5, 10 or 30 years depending on the weight of the crime and outcome of the court ruling (and then depending on the weight of the crime, they might add 10 years again). In my case, I transported stolen goods but never knew they were stolen when I did, I only found out after I got arrested. The court ruling was a suspended fine of 500 guilders (about 280 USD at the time). Suspended meaning: if I would do anything within 2 years, I would have to pay a fine of about 280 USD. I never had to pay anything as it was my only mishap.... so, really, if you think about it, even if I am able to look at the records, it might be very well have been erased as it happened 14 years ago and I doubt my "crime" was heavy enough for them to keep it 30 years...
But, like said by Darren and Crissy, maybe it is something else that they want.. I hope it is something simple and not about the arrest/police records because I have no idea how that will end if they need that :/
Hi Jeroen, I found this on the VOG. It looks like you can still order a VGO in the last county you registered with assuming you left NL after 1994. They also give you the option of having someone else getting it for you on your behalf. It looks like you were a first and last time offender so I don't see any reason for them to refuse you the VOG. This is probably the route you want to go in case USCIS comes back to you on this issue.
O by the way, if you get it. Make sure you get Apostille on the translation.
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Summary: Official answers in the USCIS booklet are the right answers, at least from the interviewing officer's point of view.
Exactly, don't take any (incl. mine) interpretations to the interview. Just answer the questions according the booklet.
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Mr Huffy just a quick question
How long after your biometrics were you notified of your interview schedule? Like was your case updated on line immediately or it took more than a week? Just....nervous here?
Also when did you start studying immediately for thr test?
There is several factors that contribute to how long it will take to get notified. Most people receive a notice 'placed in line for interview scheduling' within the first two weeks after bio but that is not guaranteed. Not receiving a notice within two weeks is not uncommon and doesn't say anything about the outcome of your case.
In fact, sometimes cases proceed upto an interview even though fingerprints were not processed correctly. Don't worry about it.
Rescheduling oath ceremony?
in US Citizenship General Discussion
Posted
I would suggest you try to look up the oath schedule for your region. If you're available on those dates within the next few months and won't have to go abroad the next half a year or so, you won't have a problem postponing the oath . It'll allow you enough time to do the oath and apply for a passport. The reason I'm pretty confident its not gonna delay your case more than few months is because your case is practically done. It's a matter of handing/sending you a piece if paper.