Author Topic: My wife's citizenship experience (Read 3356 times)

lswote · « **on:** August 02, 2006, 07:59:38 AM »

My wife, who is Colombian, went for her citizenship interview yesterday in Miami.Â Â She was successful in the entire interview, and was just about to get assigned a date next week for swearing in as a citizen when the case handler told her that they just realized that she had filed the citizenship request 10 days early and they denied the request and now she has to refile and go through the whole process again.

They said she filed the request Jan 26, 2006.Â Â They say that a person requesting citizenship based on being married to an American citizen must meet the 3/3/3 rule.Â Â Married 3 years, a resident for 3 years and husband must be a citizen for at least 3 years.Â Â We were married Feb 6, 2003, so they say she couldn't file for citizenship until Feb 6, 2006.

This matter is a real shame, because in January 2006 they cashed her filing fee check of four hundred and something dollars and scheduled an appointment for August 2006 without doing any validation.Â Â What's more, when she actually had her appointment, she had met the 3/3/3 rule.Â Â It was just on the day they received her application that she hadn't met the 3/3/3 rule yet.

Montrealer · « **Reply #1 on:** August 02, 2006, 08:03:49 AM »

That really sucks!

Is there anyway you could appeal?

Looking4Wife · « **Reply #2 on:** August 02, 2006, 08:21:33 AM »

That is a travesty... I feel for you and your wife.

What about a call to your senator/congressperson?

It also might be a question worth posting on www.visajourney.com?

And there is always immigration attorney Gary Bala at www.GaryBala.com

Buena Suerte y Dios te Bendiga

Planet-Love.com · « **Reply #2 on:** August 02, 2006, 08:21:33 AM »

Brazilophile · « **Reply #3 on:** August 02, 2006, 08:52:49 AM »

Iswote,

I think an appeal might be useful. With the dates for eligibility for citizenship, there is ususally a grace period udring which you can file applications even though you are technically not yet eligible.

I am a naturalized US citizen. The rules are that US permanent residents need to have had that status for 5 years before becoming eligible for US citizenship. However, the INS permits permanent residents to apply for citizenship 3 months BEFORE the 5 year date arrives.

There might be something similar for US citizenship based on 3 years of marriage to a US citizen.

Ray · « **Reply #4 on:** August 02, 2006, 11:38:30 AM »

Quote from: Brazilophile

Iswote,

I think an appeal might be useful.Â Â With the dates for eligibility for citizenship, there is ususally a grace period udring which you can file applications even though you are technically not yet eligible.

I am a naturalized US citizen.Â Â The rules are that US permanent residents need to have had that status for 5 years before becoming eligible for US citizenship.Â Â However, the INS permits permanent residents to apply for citizenship 3 months BEFORE the 5 year date arrives.

There might be something similar for US citizenship based on 3 years of marriage to a US citizen.

Yes, you can file 3 months before the residency date, whether you need 3 years or 5 years. HOWEVER, the 90-day grace period DOES NOT apply to the 3-year marriage requirement in his wife's case.

It would be very unusual for the 3-year residency date to come up within 90 days before the date of marriage in the case of K-1's or SR-1's. Perhaps Bruce's wife got her AOS approved in record time?

Forget about appeals. Appeals can take years and the cold hard fact is that she didn't follow the clearly printed rules of eligibility so there is no legal basis for an appeal. She will simply need to file another application. She could always plead for a refund of her application fee at her second interview, but I wouldn't hold your breath on that happening.

blockbuster · « **Reply #5 on:** August 02, 2006, 12:43:59 PM »

I always thought you had to be a resident for 5 years before applying for citizenship. Am I wrong?

Ray · « **Reply #6 on:** August 02, 2006, 12:59:05 PM »

Quote from: blockbuster

I always thought you had to be a resident for 5 years before applying for citizenship. Am I wrong?

Three years if married to an American citizen, even less if active military.

lswote · « **Reply #7 on:** August 02, 2006, 08:19:37 PM »

Quote from: Ray

Yes, you can file 3 months before the residency date, whether you need 3 years or 5 years. HOWEVER, the 90-day grace period DOES NOT apply to the 3-year marriage requirement in his wife's case.

It would be very unusual for the 3-year residency date to come up within 90 days before the date of marriage in the case of K-1's or SR-1's. Perhaps Bruce's wife got her AOS approved in record time?

Forget about appeals. Appeals can take years and the cold hard fact is that she didn't follow the clearly printed rules of eligibility so there is no legal basis for an appeal. She will simply need to file another application. She could always plead for a refund of her application fee at her second interview, but I wouldn't hold your breath on that happening.

Yes Ray, you are quite right.Â Â She screwed up and her only option is to refile.Â Â To her credit, she filed the thing completely by herself, including navigating the website on how to file.Â Â She misunderstood the 90 day grace period.Â Â It was a tough thing for her to go through, but she is already in the process of refiling.

I just posted this so that the information would be out there and maybe it will prevent someone else from making the same mistake.

lswote · « **Reply #8 on:** April 16, 2007, 10:10:11 AM »

My wife finally got her American Citizenship April 4th at the Miami Beach Convention Center. She refiled her citizenship application last August and had a February citizenship hearing. Because of her error in filing her first application, by the time she got her citizenship hearing on second application we had actually been married over 4 years.

bigstew33 · « **Reply #9 on:** April 16, 2007, 10:14:18 AM »

congrats to her!!!! Did she get a refund from the first filing?

Ray · « **Reply #10 on:** April 16, 2007, 10:22:00 AM »

Please pass my congratulations on to your wife.

And she gets an extra Bravo Zulu for doing it herself!

Jeff S · « **Reply #11 on:** April 16, 2007, 10:52:48 AM »

Good to see you back posting lswote. Has it really been three years since you were married? Wow, it like a lot less.

Anyway, congrats!

lswote · « **Reply #12 on:** April 16, 2007, 03:23:12 PM »

Quote from: bigstew33 on April 16, 2007, 10:14:18 AM

congrats to her!!!! Did she get a refund from the first filing?

No refund. She didn't pursue it so who knows if she could have actually gotten one.

Planet-Love.com · « **Reply #12 on:** April 16, 2007, 03:23:12 PM »

Looking4Wife · « **Reply #13 on:** April 16, 2007, 03:35:55 PM »

Quote from: lswote on April 16, 2007, 10:10:11 AM

My wife finally got her American Citizenship April 4th at the Miami Beach Convention Center. She refiled her citizenship application last August and had a February citizenship hearing. Because of her error in filing her first application, by the time she got her citizenship hearing on second application we had actually been married over 4 years.

Congratulations to you and your wife!

jediknight · « **Reply #14 on:** April 16, 2007, 05:40:04 PM »

great news!!

Dan Las Vegas · « **Reply #15 on:** April 16, 2007, 07:43:28 PM »

congratulations to you and your wife!!!! Nice to see you back here...perhaps you can update us on the last several years???

michaelb · « **Reply #16 on:** April 16, 2007, 09:46:44 PM »

Well good for her, congratulations. How's the baby?

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Author Topic: My wife's citizenship experience (Read 3356 times)

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