Postponing becoming a US citizen

[KaashParinda 7]

Hi all-

We need to likely postpone either the fingerprinting, interview or swearing-in appointment because my wife is going abroad and won't have her green card (they take it away when you get the naturalization certificate just before the swearing in ceremony) to return and won't be a citizen of the country she is visiting anymore. In other words, once you get your naturalization certificate, she needs to apply for a US passport and then apply for a visa to enter the country of her birth; there won't be time between that happens and when she has to go. Her fingerprinting appointment is end of this month, her trip abroad is in early January.

We can -

a) request a different fingerprinting appointment and thereby postpone the time line

b) request a different interview appointment, thereby postponing the ceremony.

c) request a future swearing in ceremony, thereby doing it after returning back to US in late January.

Does anybody have any experience in this? which one would you recommend? I know this is a strange question because people usually ask how to get the end sooner!

Thanks, KP

[carocaro 22]

Is she a citizen of a country that won't let her hold citizenship in USA at the same time as her country of birth? For example, I am Canadian and I will have both...

BUT I agree timing is a little complicated as I will be leaving to travel to Asia in January and there's a possibility I will be trying to return to the US without that Green Card if I am in the middle of things....

[girimurthy 5]

Remember the green card is taken away only at the time of Oath which is the final step. So you can take the fingerprinting and interview and just postpone the oath.

[KaashParinda 7]

Is she a citizen of a country that won't let her hold citizenship in USA at the same time as her country of birth? For example, I am Canadian and I will have both...

BUT I agree timing is a little complicated as I will be leaving to travel to Asia in January and there's a possibility I will be trying to return to the US without that Green Card if I am in the middle of things....

No current passport doesn't allow dual citizenship. But even if it did, there's the matter of getting the US passport! That can take at least a month. So the timing is an issue. They do actually take your green card away at the ceremony. I know, because they did that to me. At that precise moment, you don't have a travel document of any kind. So you scramble and get a US passport first.

Remember the green card is taken away only at the time of Oath which is the final step. So you can take the fingerprinting and interview and just postpone the oath.

Yes, I think we may end up doing that. She can mention that directly at the interview when she reaches that stage. We just want to do things right because if you just don't show up, that could mean that you have abandoned the process. I am looking for people who have actually done this. I mean there's got to be recourse for folks who can't make it to the ceremony for a particular date.

[Shub 78]

I don't know the answer to your question, and I don't know the specifics of how things work in your spouse's country of origin, but you said this and I wanted to address that specifically:

No current passport doesn't allow dual citizenship.

How would they know that you got dual citizenship? People from a lot of countries that are in the same situation (i.e. their country of origin does not allow dual citizenship and they're acquiring US citizenship) don't have to tell their country of origin that they have acquired a new citizenship. If you don't tell them, you keep your original passport, you get your US passport, you present the former when going home, and you present the latter when entering the US. Is that not an option for you?

[milimelo 4,466]

There is such a thing as expedited passport issuance - if you're close to a passport agency and book your appointment in time. When wife knows when her oath date is she can schedule her appointment (they take them up to two weeks ahead of time), go to oath ceremony, complete the forms for the passport bring the pictures and proof of travel and pay the fees. I've seen people in Chicago agency who were returned from O'Hare and managed to get their passport done in time for their flights. I had travel lined up two weeks after oath ceremony and had my passport 3 days later.

http://travel.state.gov/passport/npic/agencies/agencies_913.html

[girimurthy 5]

I don't know the answer to your question, and I don't know the specifics of how things work in your spouse's country of origin, but you said this and I wanted to address that specifically:

How would they know that you got dual citizenship? People from a lot of countries that are in the same situation (i.e. their country of origin does not allow dual citizenship and they're acquiring US citizenship) don't have to tell their country of origin that they have acquired a new citizenship. If you don't tell them, you keep your original passport, you get your US passport, you present the former when going home, and you present the latter when entering the US. Is that not an option for you?

From his name I will take that he is from India as I am. And dual citizenship is not allowed in India. I am supposed to surrender the Indian passport back to India once I get a citizenship in US. That is the law. What you are asking him to do is felony. If caught you can be in prison in India for upto 12 years or/and fine.

There is such a thing as expedited passport issuance - if you're close to a passport agency and book your appointment in time. When wife knows when her oath date is she can schedule her appointment (they take them up to two weeks ahead of time), go to oath ceremony, complete the forms for the passport bring the pictures and proof of travel and pay the fees. I've seen people in Chicago agency who were returned from O'Hare and managed to get their passport done in time for their flights. I had travel lined up two weeks after oath ceremony and had my passport 3 days later.

http://travel.state.gov/passport/npic/agencies/agencies_913.html

You can get the US passport in 3 days. But we also need to surrender our indian passport and get an Indian visa which takes some time. Unless you are staying in the state where there is an Indian embassy it takes time to get those.

[girimurthy 5]

No current passport doesn't allow dual citizenship. But even if it did, there's the matter of getting the US passport! That can take at least a month. So the timing is an issue. They do actually take your green card away at the ceremony. I know, because they did that to me. At that precise moment, you don't have a travel document of any kind. So you scramble and get a US passport first.

Yes, I think we may end up doing that. She can mention that directly at the interview when she reaches that stage. We just want to do things right because if you just don't show up, that could mean that you have abandoned the process. I am looking for people who have actually done this. I mean there's got to be recourse for folks who can't make it to the ceremony for a particular date.

Remember every stage you get a letter from uscis and there is an option of changing the dates. This holds true for fingerprinting, interview and oath. Once you get those letter you need to call the number specified to move it. Just make sure someone is back here to receive the mail and push the dates.

[KaashParinda 7]

I don't know the answer to your question, and I don't know the specifics of how things work in your spouse's country of origin, but you said this and I wanted to address that specifically:

How would they know that you got dual citizenship? People from a lot of countries that are in the same situation (i.e. their country of origin does not allow dual citizenship and they're acquiring US citizenship) don't have to tell their country of origin that they have acquired a new citizenship. If you don't tell them, you keep your original passport, you get your US passport, you present the former when going home, and you present the latter when entering the US. Is that not an option for you?

Shub,

What you are proposing is illegal. You are also missing the point of my question. Even if I could use my passport, which I won't, I don't have anyway to get back into the US as they take the your green card away at the ceremony. This question isn't about dual citizenship. It is about timing. How to time your ceremony so you have your old citizenship, go abroad on that, come back with the green card and then go through the ceremony.

KP

[girimurthy 5]

Shub,

What you are proposing is illegal. You are also missing the point of my question. Even if I could use my passport, which I won't, I don't have anyway to get back into the US as they take the your green card away at the ceremony. This question isn't about dual citizenship. It is about timing. How to time your ceremony so you have your old citizenship, go abroad on that, come back with the green card and then go through the ceremony.

KP

Yes it is illegal to use the old passport to travel to your country. But you can get a US passport on the same day too if it is urgent. But getting the visa is the tough part.

[newacct 688]

Shub,

What you are proposing is illegal. You are also missing the point of my question. Even if I could use my passport, which I won't, I don't have anyway to get back into the US as they take the your green card away at the ceremony. This question isn't about dual citizenship. It is about timing. How to time your ceremony so you have your old citizenship, go abroad on that, come back with the green card and then go through the ceremony.

KP

Well, you could apply for a U.S. passport at a U.S. consulate abroad. However, when you leave India they will wonder how you are going to get into the U.S.

But anyway, it is possible to even get a U.S. passport the same day or next day at a passport agency.

[warlord 73]

Best bet is to postpone the trip. The oath should only be cancelled in a life or death matter. A simple trip is not a good reason to postpone the oath as this could set your wife back for a long time as she would be re-entered in the system. Many people have been delayed for a long time, others have even been lost in the system and have taken them a long time to get another oath.

Another issue is the time outside the US before the oath will count against her too for days living in the US. If she was on the border before and this trip would make her go over, they would reject her at the oath ceremony.

As mentioned, get the expedited passport if she already has a ticket. Otherwise, cancel the trip until she has her US citizenship and passport in hand...

[aaron2020 11,651]

I don't know the answer to your question, and I don't know the specifics of how things work in your spouse's country of origin, but you said this and I wanted to address that specifically:

How would they know that you got dual citizenship? People from a lot of countries that are in the same situation (i.e. their country of origin does not allow dual citizenship and they're acquiring US citizenship) don't have to tell their country of origin that they have acquired a new citizenship. If you don't tell them, you keep your original passport, you get your US passport, you present the former when going home, and you present the latter when entering the US. Is that not an option for you?

Horrible advice.

YOU ARE ADVISING THAT THE OP'S SPOUSE COMMIT FRAUD!!!!! You are advising to keep the invalid passport and illegally enter another country.

Will you be there to help if the spouse gets in trouble for committing fraud? NO. You will pay no consequences and these people will have their lives turn upside down.

You do realize that in some countries, a person can be jailed for illegally entering right?

[Shub 78]

Horrible advice.

YOU ARE ADVISING THAT THE OP'S SPOUSE COMMIT FRAUD!!!!! You are advising to keep the invalid passport and illegally enter another country.

Will you be there to help if the spouse gets in trouble for committing fraud? NO. You will pay no consequences and these people will have their lives turn upside down.

You do realize that in some countries, a person can be jailed for illegally entering right?

Whoa there, calm down. In my earlier post, I said "I don't know the specifics of how things work in your spouse's country of origin" -- I thought I was making it clear that I don't know what country that is. I know now that it is problematic in the case of India, but it isn't a problem for a lot of other countries.

Besides, I worded my post as a question, not as factual advice, indicating that they should research that on their own.

Edited October 15, 2013 by Shub

[aaron2020 11,651]

Whoa there, calm down. In my earlier post, I said "I don't know the specifics of how things work in your spouse's country of origin" -- I thought I was making it clear that I don't know what country that is. I know now that it is problematic in the case of India, but it isn't a problem for a lot of other countries.

Besides, I worded my post as a question, not as factual advice, indicating that they should research that on their own.

Ok, so please let us know where committing immigration fraud is not a problem for lot of other countries.