I have recently found this newsgroup, and I now feel better when I see
many folks are going the same way as me and my USC fiancee. But things
are somehow more difficult for us because my USC fiancee has never
been to US, has no job there, and is not a fluent english speaker!
We currently are living in Iran. In fact her parents did not let her
leave unless whe marries and forms a family, and now that this is
done, she wants to move to US, but bringing the fiance is another
problem itself.
For now I wonder if the fact that she has been away from country for
20 years poses any problem. Also the fact that she has no job, means
that she may not be able to support me, and I do not know whether the
minimum income requirements (125% poverty line) are easy to fulfill if
she manages to quickly find a job or not.
I'll appreciate any advice. Thank you and good luck to all
Noorah101
09-08-2004, 09:58 AM
I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all
Hi Vadood,
I'm sorry that I don't have more answers for your very interesting
questions. I don't know how the USC might complete the paperwork
without any ties to the USA. I'm assuming she was born elsewhere, to
parents of which one was a USC? I think that would make her a USC
without ever having been to the USA. Not sure, though. I believe the
USC needs a valid USA address, though, for processing purposes...I don't
think she can submit a petition for a fiance visa on your behalf from
outside the USA. I'm sure someone will post who knows about that.
I do know that the USC does need to show income of a certain level
according to certain guidelines. If she cannot sponsor you, she can get
a co-sponsor who qualifies to help out. However, that co sponsor must
also be a USC (or perhaps a permanent resident, not sure again).
Just wanted to let you know there are a couple of Iranian/American
couples floating around this forum. My Iranian husband and I are one of
them. Please let me know if I can help you answer any other questions.
Best Wishes,
Rene
--
Posted via http://britishexpats.com
Noorah101
09-08-2004, 10:02 AM
I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all
Vadood....
Why are you pursuing a fiance visa, if the USC is already married and
has a family? You would need a K-3 or other marriage-based visa for
those already married. Not the fiance visa.
Rene
--
Posted via http://britishexpats.com
meauxna
09-08-2004, 10:19 AM
I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all
As Rene mentions, the terms you are using are a bit confusing to us.
Fiance= promise to marry
Marry+Family= spouse/husband/wife
Have you married, or want to marry and then move?
--
Posted via http://britishexpats.com
Jenney & Mark
09-08-2004, 10:44 AM
As Rene mentions, the terms you are using are a bit confusing to us. Fiance= promise to marry Marry+Family= spouse/husband/wife Have you married, or want to marry and then move?
From the way he phrased it, it sounds like they are already
married. He said:
We currently are living in Iran. In fact her parents did not let her
leave unless whe marries and forms a family, and now that this is
done, she wants to move to US, but bringing the fiance is another
problem itself.
So really, he should be referring to her as his wife, not his fiancee.
Also, I think it's important to get clarification on how she acquired US
citizenship in the first place. If she was born in the US, then she
shouldn't have any problems. But if she acquired it through one or both
parents, she might.
~ Jenney
--
Posted via http://britishexpats.com
Noorah101
09-08-2004, 10:51 AM
From the way he phrased it, it sounds like they are already married. He said: We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. So really, he should be referring to her as his wife, not his fiancee. Also, I think it's important to get clarification on how she acquired US citizenship in the first place. If she was born in the US, then she shouldn't have any problems. But if she acquired it through one or both parents, she might. ~ Jenney
I agree, Jenney. And, since he said she's NEVER been to the USA, it
sounds like she acquired her citizenship through one or both parents,
born outside the USA. I have no idea how they'd proceed with a marriage-
based visa from here. They need to use an embassy outside of Iran,
for sure...and I'm pretty sure Ankara does not do DCF for non-
residents of Turkey.
Rene
--
Posted via http://britishexpats.com
Rete
09-08-2004, 12:54 PM
From the way he phrased it, it sounds like they are already married. He said: We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. So really, he should be referring to her as his wife, not his fiancee. Also, I think it's important to get clarification on how she acquired US citizenship in the first place. If she was born in the US, then she shouldn't have any problems. But if she acquired it through one or both parents, she might. ~ Jenney
That's what I was thinking as well. If her parent(s) were US Citizens
wonder if they were able to retain their USC by living inside the US for
certain years.
Rete
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
Noorah101
09-08-2004, 12:57 PM
I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all
He said 2 different things here, too. One states she's never been to
USA, and the other states that she was here once but now been away for
20 years. Which is it?
Rene
--
Posted via http://britishexpats.com
sphyrapicus
09-08-2004, 01:00 PM
From the way he phrased it, it sounds like they are already married. He said: We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. So really, he should be referring to her as his wife, not his fiancee. Also, I think it's important to get clarification on how she acquired US citizenship in the first place. If she was born in the US, then she shouldn't have any problems. But if she acquired it through one or both parents, she might. ~ Jenney
Why would it matter how she acquired USC? A USC is a USC regardless of
how they obtained it. Confused...
--
Posted via http://britishexpats.com
SecretGarden
09-08-2004, 01:12 PM
Why would it matter how she acquired USC? A USC is a USC regardless of how they obtained it. Confused...
I believe that if you are not a natural born US citizen but a
naturalized citizen, then the list of people for whom you can petition
is limited. Is this correct?
~SecretGarden
--
Posted via http://britishexpats.com
Rete
09-08-2004, 01:32 PM
I believe that if you are not a natural born US citizen but a naturalized citizen, then the list of people for whom you can petition is limited. Is this correct? ~SecretGarden
Nope, not true.
The issue I believe (or is from my viewpoint) even if you have a USC
parent, if that parent did not spend a certain length of time within the
boundaries of the US during a point in the life, then they lose their US
citizenship. The poster might think the wife is a USC when in reality
they might not be.
Rete
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
SecretGarden
09-08-2004, 01:37 PM
Nope, not true. The issue I believe (or is from my viewpoint) even if you have a USC parent, if that parent did not spend a certain length of time within the boundaries of the US during a point in the life, then they lose their US citizenship. The poster might think the wife is a USC when in reality they might not be. Rete
Grrr. There goes my reputation rating. :D
Seems to me that the OP has a rather complicated situation unfolding and
we're all scrambling around trying to answer questions without adequate
information! Ah well, makes for interesting discussion......
~SG
--
Posted via http://britishexpats.com
sphyrapicus
09-08-2004, 01:42 PM
Nope, not true. The issue I believe (or is from my viewpoint) even if you have a USC parent, if that parent did not spend a certain length of time within the boundaries of the US during a point in the life, then they lose their US citizenship. The poster might think the wife is a USC when in reality they might not be. Rete
From Rich Wales web site:
http://www.richw.org/dualcit/faq.html#moveabroad
Don't you lose your US citizenship if you move to another country with
the intent of living there for an extended period of time?
No.
I used to think this was a totally off-the-wall question and that
everyone knew the answer -- until I told people I was about to move to
Canada, whereupon probably at least half a dozen of my friends asked me
if this meant I would have to give up my US citizenship.
It was once the case that a naturalized US citizen could lose his
citizenship by remaining outside the US for an extended period. However,
this provision was invalidated by the Supreme Court in Schneider v. Rusk
(1964) and was repealed by Congress in 1978.
More recently, a naturalized citizen could lose his citizenship by
setting up a permanent residence abroad within one year following US
naturalization. This provision was repealed by Congress in 1994,
however, and no longer applies.
--
Posted via http://britishexpats.com
meauxna
09-08-2004, 01:59 PM
I believe that if you are not a natural born US citizen but a naturalized citizen, then the list of people for whom you can petition is limited. Is this correct? ~SecretGarden
Never heard that one... remember where you saw it?
Isn't it funny how we can have a conversation with someone who
isn't here? :)
--
Posted via http://britishexpats.com
SecretGarden
09-08-2004, 02:55 PM
Never heard that one... remember where you saw it? Isn't it funny how we can have a conversation with someone who isn't here? :)
Hiya Mo,
No, I have absolutely no idea where I saw it, and apparently I didn't
at all! :)
Musta dreamed it.........anyway, that's why I said "Is that correct?" I
really have to get more sleep......... ;)
~SG
--
Posted via http://britishexpats.com
Rete
09-08-2004, 03:01 PM
From Rich Wales web site: http://www.richw.org/dualcit/faq.html#moveabroad Don't you lose your US citizenship if you move to another country with the intent of living there for an extended period of time? No. I used to think this was a totally off-the-wall question and that everyone knew the answer -- until I told people I was about to move to Canada, whereupon probably at least half a dozen of my friends asked me if this meant I would have to give up my US citizenship. It was once the case that a naturalized US citizen could lose his citizenship by remaining outside the US for an extended period. However, this provision was invalidated by the Supreme Court in Schneider v. Rusk (1964) and was repealed by Congress in 1978. More recently, a naturalized citizen could lose his citizenship by setting up a permanent residence abroad within one year following US naturalization. This provision was repealed by Congress in 1994, however, and no longer applies.
I wasn't referring to that but since you are a very good researcher :) I
would ask that you look for the regulation that, and I'm going from
[faulty?] memory here, if you obtain your US citizenship from a parent,
meaning you were not born on US soil, and your parent had obtained that
citizenship from their parent (your grandparent) and your parent did not
live in the US during certain periods of their life (something to do
with the age of 14 I believe) than you are no longer a US citizen and as
such cannot convey US citizenship to your offspring.
Rete
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
Jim Battista
09-08-2004, 03:42 PM
Rete <Rete@britishexpats.com> wrote in
news:35$253481$1650373$1094680897@britishexpats.co m:
I wasn't referring to that but since you are a very good researcher :) I would ask that you look for the regulation that, and I'm going from [faulty?] memory here, if you obtain your US citizenship from a parent, meaning you were not born on US soil, and your parent had obtained that citizenship from their parent (your grandparent) and your parent did not live in the US during certain periods of their life (something to do with the age of 14 I believe) than you are no longer a US citizen and as such cannot convey US citizenship to your offspring.
from http://tinyurl.com/4wotr
If at the time of your birth, both your parents were U.S. citizens
and at least one had a prior residence in the United States, you
automatically acquired U.S. citizenship with no conditions for
retaining it.
If only one parent was a U.S. citizen at the time of your birth, that
parent must have resided in the United States for at least five
years, at least two of which must have been after the age of 14. You
don't need to do anything special to keep this type of citizenship.
If your one U.S. citizen parent is your father and you were born
outside of marriage, the same rules apply if your father established
paternity prior to your 18th birthday, either by acknowledgment or by
court order, and stated in writing that he would support you
financially until your 18th birthday.
--
Jim Battista
A noble spirit embiggens the smallest man.
Rete
09-08-2004, 04:10 PM
Rete <Rete@britishexpats.com> wrote in news:35$253481$1650373$1094680897@britishexpats.co m: I wasn't referring to that but since you are a very good researcher :) I would ask that you look for the regulation that, and I'm going from [faulty?] memory here, if you obtain your US citizenship from a parent, meaning you were not born on US soil, and your parent had obtained that citizenship from their parent (your grandparent) and your parent did not live in the US during certain periods of their life (something to do with the age of 14 I believe) than you are no longer a US citizen and as such cannot convey US citizenship to your offspring. from http://tinyurl.com/4wotr If at the time of your birth, both your parents were U.S. citizens and at least one had a prior residence in the United States, you automatically acquired U.S. citizenship with no conditions for retaining it. If only one parent was a U.S. citizen at the time of your birth, that parent must have resided in the United States for at least five years, at least two of which must have been after the age of 14. You don't need to do anything special to keep this type of citizenship. If your one U.S. citizen parent is your father and you were born outside of marriage, the same rules apply if your father established paternity prior to your 18th birthday, either by acknowledgment or by court order, and stated in writing that he would support you financially until your 18th birthday. -- Jim Battista A noble spirit embiggens the smallest man.
ty ty ty ... that is exactly what I was thinking of ... I knew
there was a someone out there that knew what I was trying to say ...
thank you, Jim.
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
Jenney & Mark
09-08-2004, 04:18 PM
I wasn't referring to that but since you are a very good researcher :) I would ask that you look for the regulation that, and I'm going from [faulty?] memory here, if you obtain your US citizenship from a parent, meaning you were not born on US soil, and your parent had obtained that citizenship from their parent (your grandparent) and your parent did not live in the US during certain periods of their life (something to do with the age of 14 I believe) than you are no longer a US citizen and as such cannot convey US citizenship to your offspring. Rete
From the USCIS website:
http://uscis.gov/graphics/services/natz/faq.htm#q2
Who is born a United States citizen?
Generally, people are born U.S. citizens if they are born in the United
States or if they are born to U.S. citizens:
(1) By being born in the United States
If you were born in the United States (including, in most cases,
Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American
citizen at birth (unless you were born to a foreign diplomat). Your
birth certificate is proof of your citizenship.
(2) Through birth abroad to TWO United States citizens
In most cases, you are a U.S. citizen if ALL of the following are
true:
* Both your parents were U.S. citizens when you were born; and
* At least one of your parents lived in the United States at some point
in their life.
Your record of birth abroad, if registered with a U.S. consulate or
embassy, is proof of your citizenship. You may also apply for a passport
to have your citizenship recognized. If you need additional proof of
your citizenship, you may file a Form N-600, "Application for
Certificate of Citizenship" to get a Certificate of Citizenship. You may
download the form by clicking here, or you may call the USCIS Forms Line
at 1(800) 870-3676 to request a Form N-600.
(3) Through birth abroad to ONE United States citizen
In most cases, you are a U.S. citizen if ALL of the following are
true:
* One of your parents was a U.S. citizen when you were born;
* Your citizen parent lived at least 5 years in the United States
beforeyou were born; and
* At least 2 of these 5 years in the United States were after your
citizen parent's 14th birthday*.
Your record of birth abroad, if registered with a U.S. consulate or
embassy, is proof of your citizenship. You may also apply for a passport
to have your citizenship recognized. If you need additional proof of
your citizenship, you may file an "Application for Certificate of
Citizenship" (Form N-600) with USCIS to get a Certificate of
Citizenship.
*If you were born before November 14, 1986, you are a citizen if your
U.S. citizen parent lived in the United States for at least 10 years and
5 of those years in the United States were after your citizen parent's
14th birthday.
So, to sum up:
1) If the OP's wife was born on US soil, she's a USC.
2) If the OP's wife was born to a foreign diplomat on US soil, then she
is NOT a USC (and never has been).
3) If BOTH of her parents are citizens AND at least one of them lived in
the US at some point in their lives, she's a USC also.
4) If only ONE of her parents is a citizen, AND that parent lived in
the US for at least 10 years, AND at least 5 of those years were
spent in the US after that parent's 14th birthday, then the OP's
wife is a USC.
5) If the USC parent did NOT live in the US for at least 10 years, OR
lived in the US for fewer than 5 years after their 14th birthday,
then the OP's wife is NOT a USC.
~ Jenney
--
Posted via http://britishexpats.com
Noorah101
09-08-2004, 04:29 PM
From the USCIS website: http://uscis.gov/graphics/services/natz/faq.htm#q2 Who is born a United States citizen? Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens: (1) By being born in the United States If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. (2) Through birth abroad to TWO United States citizens In most cases, you are a U.S. citizen if ALL of the following are true: * Both your parents were U.S. citizens when you were born; and * At least one of your parents lived in the United States at some point in their life. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship" to get a Certificate of Citizenship. You may download the form by clicking here, or you may call the USCIS Forms Line at 1(800) 870-3676 to request a Form N-600. (3) Through birth abroad to ONE United States citizen In most cases, you are a U.S. citizen if ALL of the following are true: * One of your parents was a U.S. citizen when you were born; * Your citizen parent lived at least 5 years in the United States beforeyou were born; and * At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship. *If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday. So, to sum up: 1) If the OP's wife was born on US soil, she's a USC. 2) If the OP's wife was born to a foreign diplomat on US soil, then she is NOT a USC (and never has been). 3) If BOTH of her parents are citizens AND at least one of them lived in the US at some point in their lives, she's a USC also. 3) If only ONE of her parents is a citizen, AND that parent lived in the US for at least 10 years, AND at least 5 of those years were spent in the US after that parent's 14th birthday, then the OP's wife is a USC. 4) If the USC parent did NOT live in the US for at least 10 years, OR lived in the US for fewer than 5 years after their 14th birthday, then the OP's wife is NOT a USC. ~ Jenney
If the USC is of Iranian heritage, and was born in Iran after 1979, I
would think she would have a very difficult time proving her US
citizenship since there has been no embassy there to register the birth
of a USC on Iranian soil. Same applies to her getting a US passport
there. Unless they can (and did) do that at the American Interest
Section of the Swiss embassy. However if she was born in the USA or
some other country, and registered there, or has a US passport...that
would work.
Rene
--
Posted via http://britishexpats.com
Jenney & Mark
09-08-2004, 04:40 PM
If the USC is of Iranian heritage, and was born in Iran after 1979, I would think she would have a very difficult time proving her US citizenship since there has been no embassy there to register the birth of a USC on Iranian soil. Same applies to her getting a US passport there. Unless they can (and did) do that at the American Interest Section of the Swiss embassy. However if she was born in the USA or some other country, and registered there, or has a US passport...that would work. Rene
Guess we'll just have to wait for when (and if) the OP comes back and
clarifies some of this stuff for us!
~ Jenney
--
Posted via http://britishexpats.com
Noorah101
09-08-2004, 04:49 PM
Guess we'll just have to wait for when (and if) the OP comes back and clarifies some of this stuff for us! ~ Jenney
The suspense is killing me! LOL :confused:
--
Posted via http://britishexpats.com
meauxna
09-08-2004, 05:30 PM
From the USCIS website: http://uscis.gov/graphics/services/natz/faq.htm#q2 Who is born a United States citizen? Generally, people are born U.S. citizens if they are born in the United States or if they are born to U.S. citizens: (1) By being born in the United States If you were born in the United States (including, in most cases, Puerto Rico, Guam, and the U.S. Virgin Islands), you are an American citizen at birth (unless you were born to a foreign diplomat). Your birth certificate is proof of your citizenship. (2) Through birth abroad to TWO United States citizens In most cases, you are a U.S. citizen if ALL of the following are true: * Both your parents were U.S. citizens when you were born; and * At least one of your parents lived in the United States at some point in their life. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file a Form N-600, "Application for Certificate of Citizenship" to get a Certificate of Citizenship. You may download the form by clicking here, or you may call the USCIS Forms Line at 1(800) 870-3676 to request a Form N-600. (3) Through birth abroad to ONE United States citizen In most cases, you are a U.S. citizen if ALL of the following are true: * One of your parents was a U.S. citizen when you were born; * Your citizen parent lived at least 5 years in the United States beforeyou were born; and * At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*. Your record of birth abroad, if registered with a U.S. consulate or embassy, is proof of your citizenship. You may also apply for a passport to have your citizenship recognized. If you need additional proof of your citizenship, you may file an "Application for Certificate of Citizenship" (Form N-600) with USCIS to get a Certificate of Citizenship. *If you were born before November 14, 1986, you are a citizen if your U.S. citizen parent lived in the United States for at least 10 years and 5 of those years in the United States were after your citizen parent's 14th birthday. So, to sum up: 1) If the OP's wife was born on US soil, she's a USC. 2) If the OP's wife was born to a foreign diplomat on US soil, then she is NOT a USC (and never has been). 3) If BOTH of her parents are citizens AND at least one of them lived in the US at some point in their lives, she's a USC also. 3) If only ONE of her parents is a citizen, AND that parent lived in the US for at least 10 years, AND at least 5 of those years were spent in the US after that parent's 14th birthday, then the OP's wife is a USC. 4) If the USC parent did NOT live in the US for at least 10 years, OR lived in the US for fewer than 5 years after their 14th birthday, then the OP's wife is NOT a USC. ~ Jenney
hehe Jenney... reads a bit like those old Jeff Foxworthy jokes....
(insert southern redneck drawl)
...you might be a USC....
--
Posted via http://britishexpats.com
SecretGarden
09-08-2004, 06:14 PM
Guess we'll just have to wait for when (and if) the OP comes back and clarifies some of this stuff for us! ~ Jenney
Vadooooooood! Where are yooooouuuuuuu? :)
~SG
--
Posted via http://britishexpats.com
Vadood Etminan
09-08-2004, 09:34 PM
Noorah101 <Noorah101@aol.com> wrote in message news:<35$253481$1649646$1094662941@britishexpats.com>... I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all Vadood.... Why are you pursuing a fiance visa, if the USC is already married and has a family? You would need a K-3 or other marriage-based visa for those already married. Not the fiance visa. Rene
sorry, I have confused you with my message. we are not married, we are
planning to marry in US.
She was in US to Iranian parents. her parents were student at the
time. then her parents return to Iran (the education was finished) and
bring her to Iran. So she has never been to US, and has got her US
passport through Swiss embassy. She handed in her birth certificate
(something issued in hospital, if i'm not wrong) to swiss embassy and
got her passport and SSN a few months later.
So what does "having an address" in USA meen? I assume everyone living
in USA has an address so she will have an address ones she enters US.
she will be coming 9/18 and then will have an address, I think. Also,
she wants to file for finace visa while in US not abroad.
I think (hope) that her being a USC is not in question. This is
because she has asked for and got her US passport just 4 years ago,
when she was some 20 years old. If a long leave would make someone
loose citizenship, she was not eligible to obtain a US passport at
all.
Noorah101
09-08-2004, 11:52 PM
Noorah101 <Noorah101@aol.com> wrote in message news:<35$253481$1649646$1094662941@britishexpats.com>... I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all Vadood.... Why are you pursuing a fiance visa, if the USC is already married and has a family? You would need a K-3 or other marriage-based visa for those already married. Not the fiance visa. Rene sorry, I have confused you with my message. we are not married, we are planning to marry in US. She was in US to Iranian parents. her parents were student at the time. then her parents return to Iran (the education was finished) and bring her to Iran. So she has never been to US, and has got her US passport through Swiss embassy. She handed in her birth certificate (something issued in hospital, if i'm not wrong) to swiss embassy and got her passport and SSN a few months later. So what does "having an address" in USA meen? I assume everyone living in USA has an address so she will have an address ones she enters US. she will be coming 9/18 and then will have an address, I think. Also, she wants to file for finace visa while in US not abroad. I think (hope) that her being a USC is not in question. This is because she has asked for and got her US passport just 4 years ago, when she was some 20 years old. If a long leave would make someone loose citizenship, she was not eligible to obtain a US passport at all.
Hi Vadood,
Thank you for clarifying how your fiancee is a USC. So she was born in
the USA - that makes her a citizen. And she has a US birth certificate
and passport, so she's fine. She can easily prove her citizenship.
So she is coming to the USA first, and will have residency here, and
will start filing for your K-1 visa. Do you know what state she will
be living in here? That will make a difference as to how fast the I-
129F petition gets approved...there are 5 service centers depending on
where you live in the USA, and they work at different speeds because
of backlog.
The one and only problem I can see, is that she might not be able to
satisfy the I-134 Affidavit of Support requirements, unless she finds a
job with the right level of income fairly quickly. Even then, since I
assume she has not filed tax returns here in the states, and has no
other work history here, she might need a co-sponsor to help with the
Affidavit of Support requirement. However, that doesn't come into the
picture until you are ready to go for your visa interview, several
months later....by then, maybe she will qualify.
Read this to understand more how to obtain the K-1 visa:
http://britishexpats.com/forum/showthread.php?t=164511
Read this to see the guidelines for the Affidavit of Support minimum
amount required: http://uscis.gov/graphics/formsfee/forms/files/I-
864p.pdf
Go here to download forms and see the fees:
http://uscis.gov/graphics/formsfee/forms/index.htm
Your situation makes a lot more sense now, thank you for your further
explanations. :)
Best Wishes,
Rene
--
Posted via http://britishexpats.com
sphyrapicus
09-09-2004, 06:26 AM
Hi Vadood, Thank you for clarifying how your fiancee is a USC. So she was born in the USA - that makes her a citizen. And she has a US birth certificate and passport, so she's fine. She can easily prove her citizenship. So she is coming to the USA first, and will have residency here, and will start filing for your K-1 visa. Do you know what state she will be living in here? That will make a difference as to how fast the I- 129F petition gets approved...there are 5 service centers depending on where you live in the USA, and they work at different speeds because of backlog. The one and only problem I can see, is that she might not be able to satisfy the I-134 Affidavit of Support requirements, unless she finds a job with the right level of income fairly quickly. Even then, since I assume she has not filed tax returns here in the states, and has no other work history here, she might need a co-sponsor to help with the Affidavit of Support requirement. However, that doesn't come into the picture until you are ready to go for your visa interview, several months later....by then, maybe she will qualify. Read this to understand more how to obtain the K-1 visa: http://britishexpats.com/forum/showthread.php?t=164511 Read this to see the guidelines for the Affidavit of Support minimum amount required: http://uscis.gov/graphics/formsfee/forms/files/I- 864p.pdf Go here to download forms and see the fees: http://uscis.gov/graphics/formsfee/forms/index.htm Your situation makes a lot more sense now, thank you for your further explanations. :) Best Wishes, Rene
Thanks to Jenney & Jim for the clarification on the point that was being
made. I didn't realize you were questioning whether she was a USC or
not. I was assuming she was a USC (but couldn't figure out why it would
matter how she obtained it). We're all on the same page now. Thanks.
--
Posted via http://britishexpats.com
vadood
09-09-2004, 08:43 AM
Thanks to Jenney & Jim for the clarification on the point that was being made. I didn't realize you were questioning whether she was a USC or not. I was assuming she was a USC (but couldn't figure out why it would matter how she obtained it). We're all on the same page now. Thanks.
at last I find a better way to post messages that Google groups. I was
sending my messages via google which took between 3 to 9 hours (as
stated by google, but mine took almost half a day). now I'm using
britishexpats forum. sorry for any delay.
her ability to satisfy I-134 is what I am concerned about. she has no
tax returns, cuz she has never been there. so she should plan to be able
to make it until the time of interview. seems to be hard :(
--
Posted via http://britishexpats.com
Noorah101
09-09-2004, 08:51 AM
at last I find a better way to post messages that Google groups. I was sending my messages via google which took between 3 to 9 hours (as stated by google, but mine took almost half a day). now I'm using britishexpats forum. sorry for any delay. her ability to satisfy I-134 is what I am concerned about. she has no tax returns, cuz she has never been there. so she should plan to be able to make it until the time of interview. seems to be hard :(
Hi Vadood,
Welcome to BritishExpats. It is indeed a better way to post messages.
The answers come back to you more quickly this way.
I wouldn't worry too much about her lack of tax returns. I have a
friend who also had not filed returns, and she wrote a letter explaining
why, which satisfied the USCIS. However, she did have a co-sponsor, and
her co-sponsor DID provide 3 years of tax returns. I have the feeling
your fiancee will need to have a co-sponsor. She can definitely begin
the I-129F petition when she arrives in the states. It will be several
months until you will need the I-134 completed. Maybe by that time
she'll find someone to co-sponsor.
The issue is, USCIS looks back on at least 1 year of your tax, work, and
income history. She would need bank statements, a letter of employment,
tax returns (or a letter explaining why not), etc. Even if she gets all
this within 6 months, I'm not sure only 6 months of proof would satisfy
the I-134 requirements. Hopefully she or your families have some kind
of contact with someone here in the states who could co-sponsor.
Best Wishes,
Rene
--
Posted via http://britishexpats.com
Rete
09-09-2004, 09:09 AM
Hi Vadood, Thank you for clarifying how your fiancee is a USC. So she was born in the USA - that makes her a citizen. And she has a US birth certificate and passport, so she's fine. She can easily prove her citizenship. So she is coming to the USA first, and will have residency here, and will start filing for your K-1 visa. Do you know what state she will be living in here? That will make a difference as to how fast the I- 129F petition gets approved...there are 5 service centers depending on where you live in the USA, and they work at different speeds because of backlog. The one and only problem I can see, is that she might not be able to satisfy the I-134 Affidavit of Support requirements, unless she finds a job with the right level of income fairly quickly. Even then, since I assume she has not filed tax returns here in the states, and has no other work history here, she might need a co-sponsor to help with the Affidavit of Support requirement. However, that doesn't come into the picture until you are ready to go for your visa interview, several months later....by then, maybe she will qualify. Read this to understand more how to obtain the K-1 visa: http://britishexpats.com/forum/showthread.php?t=164511 Read this to see the guidelines for the Affidavit of Support minimum amount required: http://uscis.gov/graphics/formsfee/forms/files/I- 864p.pdf Go here to download forms and see the fees: http://uscis.gov/graphics/formsfee/forms/index.htm Your situation makes a lot more sense now, thank you for your further explanations. :) Best Wishes, Rene
There are only four (4) service centers that do I-129F for the fiancee
visa. They are in California, Texas, Nebraska and Vermont.
The fifth (5th) service center is the Missouri one and they are the only
ones to do the I-129F for the K-3 (spousal visa).
Rete
--
I'm not an attorney. This disclaimer is valid in NYS!
Posted via http://britishexpats.com
Noorah101
09-09-2004, 09:11 AM
There are only four (4) service centers that do I-129F for the fiancee visa. They are in California, Texas, Nebraska and Vermont. The fifth (5th) service center is the Missouri one and they are the only ones to do the I-129F for the K-3 (spousal visa). Rete
Oops...thanks Rete! :)
--
Posted via http://britishexpats.com
Jenney & Mark
09-09-2004, 10:15 AM
Noorah101 <Noorah101@aol.com> wrote in message news:<35$253481$1649646$1094662941@britishexpats.com>... I have recently found this newsgroup, and I now feel better when I see many folks are going the same way as me and my USC fiancee. But things are somehow more difficult for us because my USC fiancee has never been to US, has no job there, and is not a fluent english speaker! We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself. For now I wonder if the fact that she has been away from country for 20 years poses any problem. Also the fact that she has no job, means that she may not be able to support me, and I do not know whether the minimum income requirements (125% poverty line) are easy to fulfill if she manages to quickly find a job or not. I'll appreciate any advice. Thank you and good luck to all Vadood.... Why are you pursuing a fiance visa, if the USC is already married and has a family? You would need a K-3 or other marriage-based visa for those already married. Not the fiance visa. Rene sorry, I have confused you with my message. we are not married, we are planning to marry in US. She was in US to Iranian parents. her parents were student at the time. then her parents return to Iran (the education was finished) and bring her to Iran. So she has never been to US, and has got her US passport through Swiss embassy. She handed in her birth certificate (something issued in hospital, if i'm not wrong) to swiss embassy and got her passport and SSN a few months later. So what does "having an address" in USA meen? I assume everyone living in USA has an address so she will have an address ones she enters US. she will be coming 9/18 and then will have an address, I think. Also, she wants to file for finace visa while in US not abroad. I think (hope) that her being a USC is not in question. This is because she has asked for and got her US passport just 4 years ago, when she was some 20 years old. If a long leave would make someone loose citizenship, she was not eligible to obtain a US passport at all.
Ok -- born on US soil, she's a USC, no problem.
One thing I wanted to point out is that a birth certificate from the
hospital is not official. I'm not sure why the Swiss Embassy accepted it
as official, but in any case, it is not. Only a birth certificate issued
by the state in which she was born is official.
It might be worth her while to eventually obtain an official copy of her
birth certificate once she gets here. Usually it's the state's Dept of
Health or Dept of Vital Records which has them. I know many people will
say her US passport is sufficient, but considering she's never lived
here at all, I personally think it wouldn't hurt to have every bit of
evidence of her US citizenship that she can.
~ Jenney
--
Posted via http://britishexpats.com
jeffreyhy
09-09-2004, 10:22 AM
Hi Vadood, Welcome to BritishExpats. It is indeed a better way to post messages. The answers come back to you more quickly this way. I wouldn't worry too much about her lack of tax returns. I have a friend who also had not filed returns, and she wrote a letter explaining why, which satisfied the USCIS. However, she did have a co-sponsor, and her co-sponsor DID provide 3 years of tax returns. I have the feeling your fiancee will need to have a co-sponsor. She can definitely begin the I-129F petition when she arrives in the states. It will be several months until you will need the I-134 completed. Maybe by that time she'll find someone to co-sponsor. The issue is, USCIS looks back on at least 1 year of your tax, work, and income history. She would need bank statements, a letter of employment, tax returns (or a letter explaining why not), etc. Even if she gets all this within 6 months, I'm not sure only 6 months of proof would satisfy the I-134 requirements. Hopefully she or your families have some kind of contact with someone here in the states who could co-sponsor. Best Wishes, Rene
Rene,
A consular officer, not the USCIS, will be the one to review the I-134
and other financial information. The USCIS won't get involved with the
financials until much later, by which time the lady will likely have
much more than a year's worth of US history.
Regards, JEff
--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)
Posted via http://britishexpats.com
Noorah101
09-09-2004, 10:50 AM
Rene, A consular officer, not the USCIS, will be the one to review the I-134 and other financial information. The USCIS won't get involved with the financials until much later, by which time the lady will likely have much more than a year's worth of US history. Regards, JEff
You know JEff, I almost said "interviewer"...then changed it to USCIS.
Do the ConOffs not work for USCIS? Who employs the ConOffs?
Thanks,
Rene
--
Posted via http://britishexpats.com
meauxna
09-09-2004, 11:05 AM
You know JEff, I almost said "interviewer"...then changed it to USCIS. Do the ConOffs not work for USCIS? Who employs the ConOffs? Thanks, Rene
Department of State aka DoS aka The Diplomats!
I want to work for them! I think it would be great (I've met several
'outside' of my visa process). I just don't want to spend the mandatory
year in DC for training (dumb, huh?).
--
Posted via http://britishexpats.com
Noorah101
09-09-2004, 11:29 AM
Department of State aka DoS aka The Diplomats! I want to work for them! I think it would be great (I've met several 'outside' of my visa process). I just don't want to spend the mandatory year in DC for training (dumb, huh?).
Thanks, Mo! After going through the interview process with Sadegh, I
had a very strong urge to be a translator at the embassy in Ankara! If
I could be guaranteed that's what my position would be, and only that, I
might look into it! :)
Rene
--
Posted via http://britishexpats.com
jeffreyhy
09-09-2004, 11:56 AM
You know JEff, I almost said "interviewer"...then changed it to USCIS. Do the ConOffs not work for USCIS? Who employs the ConOffs? Thanks, Rene
Rene,
What Meauxna said.
Regards, JEff
--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)
Posted via http://britishexpats.com
meauxna
09-09-2004, 12:03 PM
Rene, What Meauxna said. Regards, JEff
:)
sorry to jump on your question, JEff. Enthusiasm got the better of me
(again) <g>.
--
Posted via http://britishexpats.com
jeffreyhy
09-09-2004, 12:07 PM
:) sorry to jump on your question, JEff. Enthusiasm got the better of me (again) <g>.
Meauxna,
I was tempted, but squelched the urge, to also write '(thank you
Meauxna)', ala Matt Udall. Next time.
Regards, JEff
--
Of course, the Internet also tells us that hot naked women want to befriend us, so we can't be 100% sure about everything we read there. (Dave Barry)
Posted via http://britishexpats.com
meauxna
09-09-2004, 12:14 PM
Meauxna, I was tempted, but squelched the urge, to also write '(thank you Meauxna)', ala Matt Udall. Next time. Regards, JEff
Ouch!
--
Posted via http://britishexpats.com
SecretGarden
09-09-2004, 12:27 PM
Ouch!
I'm thinkin' you two might want to exchange some Karma! :)
~SG
--
Posted via http://britishexpats.com
J. Moreno
09-09-2004, 12:54 PM
Jenney & Mark <member2595@british_expats.com> wrote:
(3) Through birth abroad to ONE United States citizen In most cases, you are a U.S. citizen if ALL of the following are true: * One of your parents was a U.S. citizen when you were born; * Your citizen parent lived at least 5 years in the United States beforeyou were born; and * At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*.
Every time I read this, I'm reminded of the 11 year old girl that was
kidnapped and taken to Mexico, where she gave birth to 2 kids and
returned to the US when she was 15....
--
J. Moreno
vadood
09-29-2004, 11:53 AM
Jenney & Mark <member2595@british_expats.com> wrote: (3) Through birth abroad to ONE United States citizen In most cases, you are a U.S. citizen if ALL of the following are true: * One of your parents was a U.S. citizen when you were born; * Your citizen parent lived at least 5 years in the United States beforeyou were born; and * At least 2 of these 5 years in the United States were after your citizen parent's 14th birthday*. Every time I read this, I'm reminded of the 11 year old girl that was kidnapped and taken to Mexico, where she gave birth to 2 kids and returned to the US when she was 15.... -- J. Moreno
my USC fiancee is now in united states. this is her first presence there
and untill now she has been there for only 5 days!
we are not sure she start the paperwork for I-129F or not. some say that
she should be "in-state", meaning that the should be resident of that
state and this requires her to wait 6 months before she can start the
paperwork. is this correct? we was not aware of such a requirement, if
it really exists.
--
Posted via http://britishexpats.com
Noorah101
09-29-2004, 12:02 PM
my USC fiancee is now in united states. this is her first presence there and untill now she has been there for only 5 days! we are not sure she start the paperwork for I-129F or not. some say that she should be "in-state", meaning that the should be resident of that state and this requires her to wait 6 months before she can start the paperwork. is this correct? we was not aware of such a requirement, if it really exists.
Hi Vadood,
In my opinion (but still not 100% sure), as long as she's a USC (which
she is) and she has a valid mailing address and uses the correct service
center, then she can submit the I-129F paperwork as soon as possible. I
don't believe there is a "residency" requirement involved.
Best Wishes,
Rene
--
Posted via http://britishexpats.com
vadood
09-29-2004, 12:16 PM
Hi Vadood, In my opinion (but still not 100% sure), as long as she's a USC (which she is) and she has a valid mailing address and uses the correct service center, then she can submit the I-129F paperwork as soon as possible. I don't believe there is a "residency" requirement involved. Best Wishes, Rene
I should ask a lawyer I think.
--
Posted via http://britishexpats.com
J. Moreno
10-01-2004, 11:47 AM
vadood <member28872@british_expats.com> wrote:
my USC fiancee is now in united states. this is her first presence there and untill now she has been there for only 5 days! we are not sure she start the paperwork for I-129F or not. some say that she should be "in-state", meaning that the should be resident of that state and this requires her to wait 6 months before she can start the paperwork. is this correct? we was not aware of such a requirement, if it really exists.
Does she have a permanent address -- i.e. some place that she expects
to eat,sleep, stay for the indefinite future? If so, then that should
be sufficient.
In-state residency requirements vary by state, but shouldn't matter for
immigration purposes. She's not dealing with the state, but with the
feds.
--
J. Moreno
Complete Labor
Law Poster for $24.95 from www.LaborLawCenter.com,
includes State, Federal, & OSHA posting requirements