Is there any issues because my son is not living with me for 1.5 year?

[SusieQQQ 11,586]

24 minutes ago, USS_Voyager said:

Usually only ages newborn -5 or 6. Usually because the parents are busy working in a different city, province and do not take the child with them. The normal scenario would be the parents leave for work for months on end, sometimes only come home once a year. The grandparents would take care of the baby and stay at home. When say home, there is only one home. It is common for multi-generations to live in one home. The idea is the parents will work their behinds off for few years, save enough money to either buy their own house or start a business or something that would allow them to move back and take their child back. The grandparents will take care of the child during that time. 

 

Vietnamese grandparents has more or less that "duty" kinda put on them. 

 

Again, this is a cultural thing. Again, today is almost 2020 and not everybody does that but it is not unheard of for families be doing that. 

 

Again, do I think that's normal and do I like that as a Vietnamese? Absolutely not. That's why I make multiple announcements already in my family (and I remind them every year) that I will NOT do that. When my kids turn 18, that's adios amingos. I will not be caught changing diapers for grandchildren. I plan to be on a tropical island drinking tequila.

I get that kind of thing, it’s common where I come from too, but imo there’s a difference between leaving a kid behind at the family home to be a migrant worker elsewhere and actually sending a kid from the US halfway across the world. Anyway that’s beside the point, imo the kid is clearly not living in the US right now and the parent would probably be best served having some kind of evidence that the child is being supported to meet the GMC requirement at interview. 

[Nitas_man 3,100]

47 minutes ago, SusieQQQ said:

I get that kind of thing, it’s common where I come from too, but imo there’s a difference between leaving a kid behind at the family home to be a migrant worker elsewhere and actually sending a kid from the US halfway across the world. Anyway that’s beside the point, imo the kid is clearly not living in the US right now and the parent would probably be best served having some kind of evidence that the child is being supported to meet the GMC requirement at interview. 

The GMC requirement does not apply to a USC from birth, born on US soil.  No requirements apply.  The OP, if presence requirements are fulfilled, needs to demonstrate this on his own.

Answer:  

 

The child’s permanent address is the parents home in the US, and the child is visiting his Vietnamese grandparents, for as long as the parents wish. 

If:  the OP chooses to address the child overseas it won’t make a difference one way or another.  Immigration has no say or business over USC’s, where they live, where they stay, or what they do.

 

In my case, if my kiddos were overseas with their grandparents, I’d still address them with us.

 

[SusieQQQ 11,586]

23 minutes ago, Nitas_man said:

The GMC requirement does not apply to a USC from birth, born on US soil.  No requirements apply.  The OP, if presence requirements are fulfilled, needs to demonstrate this on his own.

Answer:  

 

The child’s permanent address is the parents home in the US, and the child is visiting his Vietnamese grandparents, for as long as the parents wish. 

If:  the OP chooses to address the child overseas it won’t make a difference one way or another.  Immigration has no say or business over USC’s, where they live, where they stay, or what they do.

 

In my case, if my kiddos were overseas with their grandparents, I’d still address them with us.

 

I’m aware of all that, I think you missed my point, which is that part of the GMC requirement for the applicant is to show that they are supporting all their children, who do not live with them.  Doesn’t matter if those kids are USCs or not. It is a specific question, and that is partly why the question about where the kids currently live is asked. We will have to agree to disagree on whether it’s misrepresentation to give your own address as the current address (as per question) for children that have been living overseas for 1.5 years and will continue to do so indefinitely. My daughter is away at college. While our address is her permanent home address, her current address is her college address. I don’t see that this is any different. 

Edited December 4, 2019 by SusieQQQ

[Nitas_man 3,100]

2 hours ago, SusieQQQ said:

I’m aware of all that, I think you missed my point, which is that part of the GMC requirement for the applicant is to show that they are supporting all their children, who do not live with them.  Doesn’t matter if those kids are USCs or not. It is a specific question, and that is partly why the question about where the kids currently live is asked. We will have to agree to disagree on whether it’s misrepresentation to give your own address as the current address (as per question) for children that have been living overseas for 1.5 years and will continue to do so indefinitely. My daughter is away at college. While our address is her permanent home address, her current address is her college address. I don’t see that this is any different. 

I sort of applied the same standard.  My daughter, who is also away at college (LOLon my tab), is licensed, registered, insured, and receives mail at our address.  Wherever she is staying for the semester is different and temporary.  

So though you make good points here and I respect what you are saying, I’d have to lean towards either way (in this case, both parents married, child on temporary stay) neither would trigger question.  
 

So, if a housewife applies for citizenship  she has to personally demonstrate support for the children in the household how?  

[SusieQQQ 11,586]

2 hours ago, Nitas_man said:

I sort of applied the same standard.  My daughter, who is also away at college (LOLon my tab), is licensed, registered, insured, and receives mail at our address.  Wherever she is staying for the semester is different and temporary.  

So though you make good points here and I respect what you are saying, I’d have to lean towards either way (in this case, both parents married, child on temporary stay) neither would trigger question.  
 

So, if a housewife applies for citizenship  she has to personally demonstrate support for the children in the household how?  

Again it depends on what you mean by temporary. Let me put it this way, if anyone was a “visitor” to the US the way this kid is “visiting” there, everyone on VJ would be be howling no, he’s actually living here!

 

your housewife question is not really relevant but you know that, unless her child is elsewhere, in which case the same burden of proof applies. If she is not earning an income presumably her husband is helping her with any support of the child she left behind/sent away/whatever.  She would need to show that she really could not afford to pay to use it as an extenuating circumstance.  I copy the relevant part of the manual below for your reference, it answers your housewife question well. And presuming OP is supporting his child it should be no problem for him.

 

K. Failure to Support Dependents

An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances. The GMC determination for failure to support dependents includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.

Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC.

An applicant who fails to support dependents may lack GMC if he or she:

• Deserts a minor child; 

• Fails to pay any support; or

• Obviously pays an insufficient amount.

If the applicant has not complied with court-ordered child support and is in arrears, the applicant must identify the length of time of non-payment and the circumstances for the non-payment. An officer should review all court records regarding child support, and non-payment if applicable, in order to determine whether the applicant established GMC.

Extenuating Circumstances 

If the applicant shows extenuating circumstances, a failure to support dependents should not adversely affect the GMC determination.

The officer should consider the following circumstances:

• An applicant’s unemployment and financial inability to pay the child support; 

• Cause of the unemployment and financial inability to support dependents;

• Evidence of a good-faith effort to reasonably provide for the support of the child;

• Whether the nonpayment was due to an honest but mistaken belief that the duty to support a minor child had terminated; and

• Whether the nonpayment was due to a miscalculation of the court-ordered arrears.

 

 

 

 

 

[Nitas_man 3,100]

1 hour ago, SusieQQQ said:

Again it depends on what you mean by temporary. Let me put it this way, if anyone was a “visitor” to the US the way this kid is “visiting” there, everyone on VJ would be be howling no, he’s actually living here!

 

your housewife question is not really relevant but you know that, unless her child is elsewhere, in which case the same burden of proof applies. If she is not earning an income presumably her husband is helping her with any support of the child she left behind/sent away/whatever.  She would need to show that she really could not afford to pay to use it as an extenuating circumstance.  I copy the relevant part of the manual below for your reference, it answers your housewife question well. And presuming OP is supporting his child it should be no problem for him.

 

K. Failure to Support Dependents

An applicant who willfully failed or refused to support his or her dependents during the statutory period cannot establish GMC unless the applicant establishes extenuating circumstances. The GMC determination for failure to support dependents includes consideration of whether the applicant has complied with his or her child support obligations abroad in cases where it is relevant.

Even if there is no court-ordered child support, the courts have concluded that parents have a moral and legal obligation to provide support for their minor children, and a willful failure to provide such support demonstrates that the individual lacks GMC.

An applicant who fails to support dependents may lack GMC if he or she:

• Deserts a minor child; 

• Fails to pay any support; or

• Obviously pays an insufficient amount.

If the applicant has not complied with court-ordered child support and is in arrears, the applicant must identify the length of time of non-payment and the circumstances for the non-payment. An officer should review all court records regarding child support, and non-payment if applicable, in order to determine whether the applicant established GMC.

Extenuating Circumstances 

If the applicant shows extenuating circumstances, a failure to support dependents should not adversely affect the GMC determination.

The officer should consider the following circumstances:

• An applicant’s unemployment and financial inability to pay the child support; 

• Cause of the unemployment and financial inability to support dependents;

• Evidence of a good-faith effort to reasonably provide for the support of the child;

• Whether the nonpayment was due to an honest but mistaken belief that the duty to support a minor child had terminated; and

• Whether the nonpayment was due to a miscalculation of the court-ordered arrears.

 

 

 

 

 

Temporary? It was actually officially ruled that Nita’s 4-year jaunt to saudi arabia with me was temporary LOL

And your attachment? Good grief - this is about child support and child support orders and has nothing, zero to so with OP’s circumstances.  OP and his wife are a married couple and USCIS has no, zero determination as to where their child stays or what he/she is doing

 

Your references are completely out of context

 

 

 

Edited December 5, 2019 by Nitas_man

[SusieQQQ 11,586]

I had my interview a couple of months ago. I am married, to my children’s father, and the children’s address on the form is the same as mine, I was still specifically asked if the children lived with us at home. What is the truthful answer to “living with you AT HOME” if they are on the other side of the world? And yes, it is not at all unreasonable to ask if you are financially supporting your children when you have sent them away, that is directly related to GMC. The point of that clause is supporting dependents, and I did say it goes into more detail than is necessary for OP, but he still may need to show he is in fact supporting the child he sent away.