don't know what to do.. please help

[aijan 0]

Hello there,

Well, i'm in a real dilemma. Here is a summary of my situation.

I've been married to my husband (a USC) nearly 6 years. I came to the US in summer 2007. i got my 2 years GC then my 10 GC.

Based on the 3 years rule (married to a USC), I have the right to apply for citizenship since last April (2010). But I need some documents (such as my husband's past divorce decree, his ex wife-full name/date of birth, last years' taxes..., that my husband keeps hiding and avoiding to giving them to me for my N-400 application.

For the last couple of months, we've been going through very difficult time in our marriage. As for now, we are still married and living together. However, I'm planning to go back for good to my home country (next month) and file for divorce there (coz we got married over there).

my question is:

If I leave the US for more than 6 months (let's say up to 12 months), will I will I lose my "permanent resident" status? can I later (if i come back to the US), apply for Citizenship?

- is it possible to I apply for citizenship in the US consulate in my home country?

a friend suggests me to stay here for a couple of months and hire a lawyer for my application of citizenship, coz, if i later, I'm not in the US for more than 6 months, my GC won't be accepted anymore... I'm not sure how true all this is?!!!

Please share your thoughts and advice.

There are many things going on, I can't focus and make up my mind. thank you !!!

[YuAndDan 153]

Perhaps letting know that becoming a US Citizen will remove the obligations or the I-864 Affidavit of Support will motivate him.

If leave more than 6 months but less than 1 year you wont loose LPR status, however it will affect when you can file for citizenship.

Citizenship is based on a number of factors, such as residency in a state, and the USA, so tends to be required to filed in the USA.

MORE:

http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=399faf4c0adb4210VgnVCM100000082ca60aRCRD&vgnextchannel=399faf4c0adb4210VgnVCM100000082ca60aRCRD

http://www.uscis.gov/files/article/chapter4.pdf

[kmankind 1]

Even though you got married back in your country you can still file for divorce here.

In fact, I don't believe the divorce you file in your country will hold here in the US. I may be wrong about that but I know you can file for a divorce here irrespective of where you got married originally.

Unfortunately I don;t have answers to your other questions but I think, technically, you could be out of status if you stay away from the US for more than 6 months while you're on GC.

[aleful 1,905]

Hello there,

Well, i'm in a real dilemma. Here is a summary of my situation.

I've been married to my husband (a USC) nearly 6 years. I came to the US in summer 2007. i got my 2 years GC then my 10 GC.

Based on the 3 years rule (married to a USC), I have the right to apply for citizenship since last April (2010). But I need some documents (such as my husband's past divorce decree, his ex wife-full name/date of birth, last years' taxes..., that my husband keeps hiding and avoiding to giving them to me for my N-400 application.

For the last couple of months, we've been going through very difficult time in our marriage. As for now, we are still married and living together. However, I'm planning to go back for good to my home country (next month) and file for divorce there (coz we got married over there).

my question is:

If I leave the US for more than 6 months (let's say up to 12 months), will I will I lose my "permanent resident" status? can I later (if i come back to the US), apply for Citizenship?

- is it possible to I apply for citizenship in the US consulate in my home country?

a friend suggests me to stay here for a couple of months and hire a lawyer for my application of citizenship, coz, if i later, I'm not in the US for more than 6 months, my GC won't be accepted anymore... I'm not sure how true all this is?!!!

Please share your thoughts and advice.

There are many things going on, I can't focus and make up my mind. thank you !!!

if you separate or divorce, you can't file for citizenship yet, you would need to wait until you have been a LPR for 5 years.

if you became a LPR in 2007, then you would need to wait until 2012.

for the 3 year rule you have be married still to the petitioner, if you file for divorce, then you aren't happily married. you still hhave to proove that your marriage is in good faith, with same address, paying taxes together and other proof of bonafide marriage.

[YuAndDan 153]

For the 3 year rule, need to be still married, AND residing with spouse, cannot be separated. I have seen a few posts where a couple are happily married, but run into problems, when one is living near a college for school, while the other is living elsewhere for work.

[nigel 7]

On most times at usc interveiw the officer will ask about your marriage,,,,makeing sure everything is rosey ect, living together, paying bills, joint taxes blah blah, blah.

Not a good idea at this time for you....

Best thing is kiss and make up...work things out (maybe)...or wait until your 5 yrs is up from becoming a P.R then you don't need show joint filed taxes as your application be based on 5yrs and not 3yrs..

If you leave the country for " more than 6 mths" this will effect you if in the future if you want to become a usc. as the pysical presence comes into play.

leave the usa and stay more than 12 mths there is a very good chance you will loose your P.R card ...Unless you file a re-entry permit which will cover you for upto 2 yrs outside the usa....

But note... even tho the re-entry permit protects you....the P.O.E still could refuse you entry even with a re-entry permit in hands....this will depend on the immigration officer at P.O.E and other things such as did you abandon your P.R in maybe not having a us home, bank accounts, blah blah blah...so best you have all your ducks in a row...

No point of coming back if your staying in a hotel room on your next visit, no job ect....can you see my point?

[nigel 7]

Hello there,

Well, i'm in a real dilemma. Here is a summary of my situation.

I've been married to my husband (a USC) nearly 6 years. I came to the US in summer 2007. i got my 2 years GC then my 10 GC.

Based on the 3 years rule (married to a USC), I have the right to apply for citizenship since last April (2010). But I need some documents (such as my husband's past divorce decree, his ex wife-full name/date of birth, last years' taxes..., that my husband keeps hiding and avoiding to giving them to me for my N-400 application.

For the last couple of months, we've been going through very difficult time in our marriage. As for now, we are still married and living together. However, I'm planning to go back for good to my home country (next month) and file for divorce there (coz we got married over there).

my question is:

If I leave the US for more than 6 months (let's say up to 12 months), will I will I lose my "permanent resident" status? can I later (if i come back to the US), apply for Citizenship?

- is it possible to I apply for citizenship in the US consulate in my home country?

a friend suggests me to stay here for a couple of months and hire a lawyer for my application of citizenship, coz, if i later, I'm not in the US for more than 6 months, my GC won't be accepted anymore... I'm not sure how true all this is?!!!

Please share your thoughts and advice.

There are many things going on, I can't focus and make up my mind. thank you !!!

soz need to add something here also..

The only person who can revoke your P.R card is a immigration judge....the Port of entry could take it off you at P.O.E until you go to a immigration judge, then it be upto you to prove that you didnt abandon your p.r Status.

The more time you spend outside the usa the more risk you have with port of entry...i would advise not to stay outside the usa more than 6mths but defo get back witin 12mths unless you have a re-entry permit....and that still carry a risk, unless you can show P.O.E you didnt abandon your P.R ..again ..keeping your house...paying taxes,,bank accounts, blah blah blah...

Need to ask you tho....Have you got usc children? is there anything from keeping you here in the usa? family ect?

If not then theres no real point of going through all this unless you have good intentions on living/working in the usa...

Nope your connection is stay here in the usa until your 5 yrs is up...file on 5 yrs of being a p.r and not being married(3yr rule)

you dont need joint taxes on the 5 yr rule....just show that you payed taxes which will be 3 yrs as joint and 2 yrs as seperate..

you can get transcripts from your local irs office for Free if need be....but the divorce stuff from your hubby dont come into play if you file on the 5yr rule..

[aijan 0]

Thank you All for your answers.

Here are some additional info:

we do have a 2 y.o kid from this marriage (USC). Because of my kid, that i'd like to apply for citizenship so as i'll "flexible" to come back to the US if we have too.

As i mentioned before, I planning to go back to my home country to file for divorce. i prefer to be close to my family in this process... there, it takes usually between 6-12 months.

I'll be eligible to apply under the 5 years rule, in April 2012. (almost 14 months from now)

[nigel 7]

Thank you All for your answers.

Here are some additional info:

we do have a 2 y.o kid from this marriage (USC). Because of my kid, that i'd like to apply for citizenship so as i'll "flexible" to come back to the US if we have too.

As i mentioned before, I planning to go back to my home country to file for divorce. i prefer to be close to my family in this process... there, it takes usually between 6-12 months.

I'll be eligible to apply under the 5 years rule, in April 2012. (almost 14 months from now)

Ok fair point...when kids are involved...

just make sure you dont stay outside more than 6mths as that could screw you up when you want to apply for citizenship..

Remember you must have at least 30mths physical presence in the "last" 5 yrs..so keep a close eye on your time outside the usa...

Remember you can also apply 90 days before the 3 or 5 years of becoming a pr card holder....if that helps.

Be very careful in taking the kid/s outside the usa also....unless the family court has said so....the last thing you want is having problems while your plans is to become a usc in the future...

Kinda sad to see family's split up like this.....i wish you guys could work it out....but only you can answer that between yourselfs i guess.

Edited February 7, 2011 by nigel

[NickD 202]

Thank you All for your answers.

Here are some additional info:

we do have a 2 y.o kid from this marriage (USC). Because of my kid, that i'd like to apply for citizenship so as i'll "flexible" to come back to the US if we have too.

As i mentioned before, I planning to go back to my home country to file for divorce. i prefer to be close to my family in this process... there, it takes usually between 6-12 months.

I'll be eligible to apply under the 5 years rule, in April 2012. (almost 14 months from now)

How does your spouse feel about you leaving this country with his as well child?

Child will need a passport and according to Department of State regulations:

Both Parents MUST:

• Appear in person with the minor
• Sign Form DS-11 in front of an Acceptance Agent

Beside the US passport requirement, before leaving this country as a single person with a child, you will need

** A notarized letter of permission from the child's other parent, both parents (in the case of a non-parent adult traveling with a minor), or legal guardian.

** A death certificate confirming that the other parent is deceased

** Original court custody papers or adoption papers proving sole custody

Either my state doesn't have sole custody or I never heard of it, I had full physical custody of my under age of 16 daughter, but the courts still gave my ex very restricted visitation rights. That required me getting her notarized permission just to take my daughter from Wisconsin to Disneyworld, and we weren't even leaving this country! Just saying, not only federal laws on this subject, but state laws as well.

The vast majority of children the FBI list as missing or abducted are by the other parent so this becomes a very serious issue.

Sure your spouse has his side of the story which is something I really don't want to get into. Two of my wifes' friends have and are going through the same thing, we were talking about that yesterday as they are always calling for her advice. Only thing I can conclude is both came here on a K1 visa 90 day limit with maybe one or two visits and really didn't didn't get to know each other, but either had to get married or part. Feel neither couple is getting alone very well together, could sense that when we visited. Wife and I spent a lot of time together, for two years before tying the knot. Was done by mutual agreement as both of us were burnt by our ex's. Call that learning about this the hard way.

[nigel 7]

How does your spouse feel about you leaving this country with his as well child?

I did'nt read she was taking the usc child...she might have another "non usc child" from her previous...but she did say "we" so i "guess" she has another non usc child also from previous....im not sure.

But NickD....I did read between the lines if she did have intentions of taken a "usc child" outside the usa, that..... to make sure the Family court has said its ok to do so on paper.

I bet the bio usc father would have something to say about that (maybe) who knows...

[aijan 0]

well, i see the need to give more info.

I've never been married before. Our kid is from our current marriage. she is USC.

my husband (USC) is also originally from Morocco. We met there. We got married there. I came to the US under K3 in 2007.

He agrees that I go back to Morocco and file for divorce (under the same court where we got married). it'll take us between 6-12 months. My husband prefers to stay in the US. I will get the custody of our child and live in Morocco She'll see her father twice or more/year.

However, I still want "the option" of applying for citizenship next year (April 2012), if I decide so (still not sure). Coz who knows, may be i'll come back to the US one day with my child. I prefer to have both options "if possible".

I want to make things legal and at the right way. that's why I'm asking here, may be somebody went throu this before.

Thanks again

[nigel 7]

So your soon to be x husband has agreed to let you and his daughter fly back to Morocco, until you get divored?

Before you do leave the usa with his usc daughter.. take NickD advice & get something written down from a Family judge or even if its just from him...something...dont hang yourself.

Lets say he says its all ok with you to leave the usa with his daughter and you then pack your bags get to the airport and the FBI is there waiting on you....who knows what could happen...

I would of thought you becoming a usc and him to release himself from the i-864 would of been benefit to him and you.....short term and long term.

Again...shame you guys could'nt work it out somehow...

Just make sure you don't stay outside more than "6 mths" as more than that time would disrupt your condinued requirement if/when you decide to apply for usc...

i wish you all the best anyways..

[Susan73 5]

I have no personal experience but have heard and seen a few instances where the couples split and the parent leaving the country takes the child with them...on a verbal agreement.

In a few months the other spouse in the US changes his/her mind or gets brainwashed and files a complaint saying that the out of country spouse has kidnapped the child.

This will lead to issues that will take years to resolve and never ending heartache for you and the innocent child.

So if he agrees to let you take your kid, please get it in writing, let him sign that agreement in front of a lawyer or someone...cover all your bases or a Divorce wont be the only issue you have to deal with.

A little extra work and precaution taken now, however inconvenient will safeguard the child and you.

This is just my 2 cents as a woman and as someone who has been through a divorce before.

My best wishes are with you in whatever choice you make.

well, i see the need to give more info.

I've never been married before. Our kid is from our current marriage. she is USC.

my husband (USC) is also originally from Morocco. We met there. We got married there. I came to the US under K3 in 2007.

He agrees that I go back to Morocco and file for divorce (under the same court where we got married). it'll take us between 6-12 months. My husband prefers to stay in the US. I will get the custody of our child and live in Morocco She'll see her father twice or more/year.

However, I still want "the option" of applying for citizenship next year (April 2012), if I decide so (still not sure). Coz who knows, may be i'll come back to the US one day with my child. I prefer to have both options "if possible".

I want to make things legal and at the right way. that's why I'm asking here, may be somebody went throu this before.

Thanks again

[NickD 202]

So your soon to be x husband has agreed to let you and his daughter fly back to Morocco, until you get divored?

Before you do leave the usa with his usc daughter.. take NickD advice & get something written down from a Family judge or even if its just from him...something...dont hang yourself.

Lets say he says its all ok with you to leave the usa with his daughter and you then pack your bags get to the airport and the FBI is there waiting on you....who knows what could happen...

I would of thought you becoming a usc and him to release himself from the i-864 would of been benefit to him and you.....short term and long term.

Again...shame you guys could'nt work it out somehow...

Just make sure you don't stay outside more than "6 mths" as more than that time would disrupt your condinued requirement if/when you decide to apply for usc...

i wish you all the best anyways..

My experiences deal more with crossing the state lines with my own daughter that I was given full physical custody of, not just a letter from my ex, but a full notarized court order. Then bringing my stepdaughter here, wife was no problem. What really attracted me to my wife besides a lot of other reasons, she is a good mother, and leaving her child behind was not even an option. That we had court orders for.

Nigel has given very good advice, but get court documents for taking your baby out of the country. I do not feel you will have problems bringing your baby back as your baby is born in the USA and is a natural born US citizen. If born in Morocco, could foresee many problems in trying to bring that baby back, even if a US citizen. This depends on Moroccan law, Department of State has precautions for every country, would be good to read that.

Thought all this foreign passport stuff will be history once my wife got her US citizenship, but the Department of State is forcing her not only to maintain her Venezuelan citizenship as she was naturalized there, but her Colombian citizenship as well, since she was born there. Not quite so bad with my stepdaughter, just has to maintain her Venezuelan citizenship because she was born there. Wife and daughter have relatives in both countries.

The distance between Caracas and Bogota is less than the distance between Wausau and St. Louis, but two entirely different worlds and laws. But I can drive to St. Louis in under seven hours, asked my wife about that. Not only countless toll roads, mudslides, but bandits as well, she said would take at least three days. In this respect, the USA is a good place to live.

Yet another thing you have to check into is if your divorce in Morocco is recognized here. Ironically your marriage may be, but your divorce may not be. Something else we ran into that was totally unexpected. If you are planning to stay here, may be wise to get your divorce here. This I don't know, just all kinds of crazy agreements between each and every country.