citizenship N400 without any GC application?

[SteveKarlaMayer 21]

Hi, guys!

 

My question is about the situation of my friend. She came here under K1 visa since 2012 and now working on her n400 application based on 5 years of living in USA. 

 

But the thing is, she had never apply for green card or green card removal. Can she still continue the n400 without any GC record? She said she purposely did it to save tons of money. Just wait 5 years to be legal for us citizenship and then apply n400 and only pay $725. 

 

It was shocking to my part and I told her I've never heard a case like her. I mean how convenient it would be to save $2000 for the whole process. 

 

 

[Roel 7,192]

This is not how it works..  

If she never had a green card that means she lived and worked in the USA illegaly. She will not get a citizenship. Furthermore she is right now deportable.

Edited September 15, 2017 by Ban Hammer
removed portions that are attacking and not helpful.

[Going through 5,671]

13 minutes ago, SteveKarlaMayer said:

Hi, guys!

 

My question is about the situation of my friend. She came here under K1 visa since 2012 and now working on her n400 application based on 5 years of living in USA. 

 

But the thing is, she had never apply for green card or green card removal. Can she still continue the n400 without any GC record? She said she purposely did it to save tons of money. Just wait 5 years to be legal for us citizenship and then apply n400 and only pay $725. 

 

It was shocking to my part and I told her I've never heard a case like her. I mean how convenient it would be to save $2000 for the whole process. 

 

 

Your friend is horribly misinformed, and is about to receive a shock of her own too when she applies for the N400.

[kzielu 1,149]

30 minutes ago, SteveKarlaMayer said:

Hi, guys!

 

My question is about the situation of my friend. She came here under K1 visa since 2012 and now working on her n400 application based on 5 years of living in USA. 

 

But the thing is, she had never apply for green card or green card removal. Can she still continue the n400 without any GC record? She said she purposely did it to save tons of money. Just wait 5 years to be legal for us citizenship and then apply n400 and only pay $725. 

 

It was shocking to my part and I told her I've never heard a case like her. I mean how convenient it would be to save $2000 for the whole process. 

 

 

Have her read the requirements for N400 - particularly 5 years (3 years in case of marriage to USC) of being permanent resident.

Not only she's going to waste that $725, she can also be deported at anytime as she does not have legal status right now.

[Going through 5,671]

I would love to know where she got her information from, though...

Edited September 15, 2017 by Going through

[Going through 5,671]

34 minutes ago, SteveKarlaMayer said:

She said she purposely did it to save tons of money. Just wait 5 years to be legal for us citizenship and then apply n400

Keyword there is LEGAL.

[Roel 7,192]

It's kind of funny, that now she will have to actually go through all that process - starting from applying for the green card. And then waiting few more years when she's eligible for the citizenship. Which she might have issues getting because of the illegal stay/illegal work.  She will spend the money anyway.

[SteveKarlaMayer 21]

9 minutes ago, Roel said:

It's kind of funny, that now she will have to actually go through all that process - starting from applying for the green card. And then waiting few more years when she's eligible for the citizenship. Which she might have issues getting because of the illegal stay/illegal work.  She will spend the money anyway.

 

 

That's what I thought but I wasn't sure at that time. So even though she's only been here in US through her 5 years stay and is still married to her US citizen husband, she will still face an issue? 

[Roel 7,192]

Yep. She has been here illegally for 5 years. She was working and living illegaly. So according to her people who "jump the fence" or overstay their tourist visas should be just fine as long as they spend 5 years in the USA? There would be no illegals it the USA if it was that simple  

[peachlings 68]

Right now she CAN'T even start the whole adjustment of status process. I believe she would have to file the I-601 Application for Waiver of Grounds of Inadmissibility, because right now she is in the US illegally and has been so for the past ~5 years. So in the end that will cost her even more money, and one more year to wait for the I-601 to be processed (it's very lengthy). This is assuming she can present a case strong enough so that she can be considered for the waiver and can then apply for AOS. An example would be to prove that, if she has family/husband in the US, that they would face extreme hardship in this country were she to be deported.

 

I don't know if your friend is too naive or what, but she is now in a very difficult situation, to say the least. I would strongly suggest her to consult an immigration attorney (and yes, more money to spend...) to help her prepare the case.

[Going through 5,671]

45 minutes ago, SteveKarlaMayer said:

 

 

That's what I thought but I wasn't sure at that time. So even though she's only been here in US through her 5 years stay and is still married to her US citizen husband, she will still face an issue? 

Yes.  She's caused herself more problems by doing what she's done, actually.

Before it would have been a simple streamlined process for her to get the GC. do the ROC and then apply for citizenship.

Now she's put herself in a position where they will question her legal status in the States to being with, and know she willingly attempted to circumvent immigration law.

 

She did all this to save money, in her mind?  It's going to cost her more money now.  Among other costs apart from financial.,,like possible deportation.

[Cyberfx1024 7,980]

1 hour ago, peachlings said:

Right now she CAN'T even start the whole adjustment of status process. I believe she would have to file the I-601 Application for Waiver of Grounds of Inadmissibility, because right now she is in the US illegally and has been so for the past ~5 years. So in the end that will cost her even more money, and one more year to wait for the I-601 to be processed (it's very lengthy). This is assuming she can present a case strong enough so that she can be considered for the waiver and can then apply for AOS. An example would be to prove that, if she has family/husband in the US, that they would face extreme hardship in this country were she to be deported.

 

I don't know if your friend is too naive or what, but she is now in a very difficult situation, to say the least. I would strongly suggest her to consult an immigration attorney (and yes, more money to spend...) to help her prepare the case.

No, since she is here now and married to a USC she can still do AOS and it will be forgiven. She came here under the K1 visa and IF she married to that petitioner and still married to him then she is fine. Do not spread false assumptions. 

[Cyberfx1024 7,980]

4 hours ago, SteveKarlaMayer said:

Hi, guys!

My question is about the situation of my friend. She came here under K1 visa since 2012 and now working on her n400 application based on 5 years of living in USA. 

But the thing is, she had never apply for green card or green card removal. Can she still continue the n400 without any GC record? She said she purposely did it to save tons of money. Just wait 5 years to be legal for us citizenship and then apply n400 and only pay $725. 

It was shocking to my part and I told her I've never heard a case like her. I mean how convenient it would be to save $2000 for the whole process. 

 

Hindi po. She will have to file for AOS first and be a Legal Permanent Resident for 3 years before she is even given grounds to file the N400 paperwork if she is still married to the petitioner of the K1 visa. It is 5 years as a Legal Permanent Resident if she got divorced from her petitioner.

 

But the KEY aspect of this is that she has to be Legal Permanent Resident at the time of filing. 

2 hours ago, SteveKarlaMayer said:

 

 

That's what I thought but I wasn't sure at that time. So even though she's only been here in US through her 5 years stay and is still married to her US citizen husband, she will still face an issue? 

Yes because she has not been legal at all. 

[Going through 5,671]

Just a question out of curiosity...since your friend seems to think she's so clever....did she get married on the K1 within the 90 day period, or did she wait on that too? If she thought somehow she could skip that whole "90-day time limit" for her own convenience, she would also need to file the i-130 costing her an additional $535.00 on top of the AOS fee.

[luv2teach77 41]

19 minutes ago, cyberfx1024 said:

No, since she is here now and married to a USC she can still do AOS and it will be forgiven. She came here under the K1 visa and IF she married to that petitioner and still married to him then she is fine. Do not spread false assumptions. 

Where is the documented proof of this being an approved path to citizenship ?  She never became a legal permanent resident due to never filing her AOS paperwork after marrying her Fiance.  Once those 90 days were up after entering the US on her K-1, and she failed to file her AOS paperwork, she is seen as having failed to meet the conditions of the visa and would be considered out of status and liable to deportation proceedings from that point.  The fact that she got married is incidental.  She remained in the US illegally and apparently worked illegally too which will not work in her favor.