I think I'm in big trouble... Please help.

S

sgs6764

Registered Users (C)
Hi all, I came in the US in 1999 with a Green Card that I won on a the lottery or (Diversity program I think its called). I have left US only twice for two weeks since then. Few months ago I lost my Green Card and I was advised to apply for citizenship instead of replacing it. Most of my friend here have won cards that way and they are already Citizens. I was procrastinating getting it done due to issues with my personal life. Anyways I have two kids with the same woman.My first daughter was born in 2002. We separated a year and a half later. At the time she didnt work and she told me she was going to get some help for us from the state and that she qualifies. I was making very little money so I didnt ask too many questions. Later when we split up I ended up taking care the child most of the time. We never went to court. Six monts later she said she was pregnant again and that its mine... Well long story short it was possible...So we got back together even though the possibility of her being pregnant by me was very little. Then later on she told me the child wasnt mine and I didnt even see her for the first few months (while seing my first born all the time and pretty much taking care of her) untill I decided to do a DNA test it came at 97% I'm the father. So since I've had my kids 3 days every single week and I have been paying her $550 every month by checks so I have it documented. We never went to court as we were in very good friendship so we decided to work it out between us and not go through all the hustle. We are actually working things out and its been going great so we are engaged now.

So today my interview went great as passed the English and Civil tests untill the IO asked me about my kids and child support. I said that I take care of them and he asked if I can prove it I said to some extend and I told him my personal situation is complicated. He asked me to come back with Child support proof or a Letter of the State Attorney that I dont owe any. Also Welfare letter. I got really nervous and he sensed it and started asking more and more confusing questions that drove me to not be able to explain my self very well. So at the end he said I have one month to send him those. I asked my future wife and she said that even though I have been paying support and taking care of them she still gets help because she doesnt make enough money.

So now I dont know what to do... Should I withdraw? I'm afraid I'll get deported or something or lose my status..

I have done nothing wrong, I bought a house for my kids, kept a job for 7 years, Ive never been arrested, I have great credit, no debt and etc.

Please help me what should I do???
 
sgs6764 said:
Hi all, I came in the US in 1999 with a Green Card that I won on a the lottery or (Diversity program I think its called). I have left US only twice for two weeks since then. Few months ago I lost my Green Card and I was advised to apply for citizenship instead of replacing it. Most of my friend here have won cards that way and they are already Citizens. I was procrastinating getting it done due to issues with my personal life. Anyways I have two kids with the same woman.My first daughter was born in 2002. We separated a year and a half later. At the time she didnt work and she told me she was going to get some help for us from the state and that she qualifies. I was making very little money so I didnt ask too many questions. Later when we split up I ended up taking care the child most of the time. We never went to court. Six monts later she said she was pregnant again and that its mine... Well long story short it was possible...So we got back together even though the possibility of her being pregnant by me was very little. Then later on she told me the child wasnt mine and I didnt even see her for the first few months (while seing my first born all the time and pretty much taking care of her) untill I decided to do a DNA test it came at 97% I'm the father. So since I've had my kids 3 days every single week and I have been paying her $550 every month by checks so I have it documented. We never went to court as we were in very good friendship so we decided to work it out between us and not go through all the hustle. We are actually working things out and its been going great so we are engaged now.

So today my interview went great as passed the English and Civil tests untill the IO asked me about my kids and child support. I said that I take care of them and he asked if I can prove it I said to some extend and I told him my personal situation is complicated. He asked me to come back with Child support proof or a Letter of the State Attorney that I dont owe any. Also Welfare letter. I got really nervous and he sensed it and started asking more and more confusing questions that drove me to not be able to explain my self very well. So at the end he said I have one month to send him those. I asked my future wife and she said that even though I have been paying support and taking care of them she still gets help because she doesnt make enough money.

So now I dont know what to do... Should I withdraw? I'm afraid I'll get deported or something or lose my status..

I have done nothing wrong, I bought a house for my kids, kept a job for 7 years, Ive never been arrested, I have great credit, no debt and etc.

Please help me what should I do???
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First of all, you committed no crime so you wouldn't be deported if your application was denied. The USCIS is just making sure that you aren't a dead beat dad and owe alimony. You may want to call social services or the state attorney's office asking them to send you a letter that they don't have you on file for owing any alimony. Considering that it sounds that you're not well off financially, hiring an immigration lawyer yourself is probably cost prohibitive. Social services may be able to direct you to legal aid. What's the status of your future wife? Is she a legal resident or a citizen?
 
She is a legal citizen. She has been using Public Aid though she makes $700 per month and she is entitled to it. I'm not quite sure how that works but the IO asked me if so and I said I'm not quite sure. He asked for a letter from them also I dont quite know why. I asked my future wife and she said that the letter would say they are using Welfare. What could that cause to me?

Thanks for your help!!!!!!!
 
I just noticed that the letter concerning Welfare needs to state that my children are not receiving and type of public assistance... What does that have to do with me? I my self have never received anything. My kids mom has dealt with that.
 
sgs6764 said:
I just noticed that the letter concerning Welfare needs to state that my children are not receiving and type of public assistance... What does that have to do with me? I my self have never received anything. My kids mom has dealt with that.
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Don't panic assuming and presuming things. Since you haven't done anything wrong there's no need to panic. IO is just trying to make sure of things pertaining to your case that he is required to do by the rules and regulations. Once you provide satisfactory documents you will be out of the woods. If at all possible and worse comes you could just consult an immigration attorney about your case and see how you can properly present your case. Good Luck with you application.
 
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sgs6764 said:
She is a legal citizen. She has been using Public Aid though she makes $700 per month and she is entitled to it. I'm not quite sure how that works but the IO asked me if so and I said I'm not quite sure. He asked for a letter from them also I dont quite know why. I asked my future wife and she said that the letter would say they are using Welfare. What could that cause to me?

Thanks for your help!!!!!!!
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Your future wife receives assistance from the state as she found eligible; it has nothing to do with your ability to pay for support.
I'm assuming there is no court order against you to pay child support, correct?
The burden falls on you to provide evidence to USCIS that you do not owe child support and that you have been supporting your children all along. Evidence to demonstrate that you don't owe any child support from a court order include:

1) Receipt of past child support payments to future wife
2) Notarized letter from future wife indicating that you do not owe past child support
3)Letter from the state's attorney's office indicating that there is no court order against you to pay for child support

With these documents you should have demonstrated sufficient evidence to USCIS that you don't owe any past child support. The only red flag I see is if your future wife failed to include your child support payments on the welfare application as a source of income, although I'm not sure if that would have any bearing on your naturalization application.
 
Bobsmyth said:
Your future wife receives assistance from the state as she found eligible; it has nothing to do with your ability to pay for support.
I'm assuming there is no court order against you to pay child support, correct?
The burden falls on you to provide evidence to USCIS that you do not owe child support and that you have been supporting your children all along. Evidence to demonstrate that you don't owe any child support from a court order include:

1) Receipt of past child support payments to future wife
2) Notarized letter from future wife indicating that you do not owe past child support
3)Letter from the state's attorney's office indicating that there is no court order against you to pay for child support

With these documents you should have demonstrated sufficient evidence to USCIS that you don't owe any past child support. The only red flag I see is if your future wife failed to include your child support payments on the welfare application as a source of income, although I'm not sure if that would have any bearing on your naturalization application.
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Exactly what I'm worried about. He asked if my kids are are using welfare and I said I think so but I wasnt sure. Then he said well if they are their mom is committing a fraud. I really am not familiar how Public Aid works. I told my my kids mom to go figure that out if there is something that we need to be paying back we have to do it though technically she is the one responsible. Anyways I have a lot going on right now and this happened too soon. I just filed out the N-400 in July... I'm not ready for all this right now I maybe changing jobs, figure out my personal stuff, takecare my 2 year arm mortgage that adjusted and many more things. For gods sake yesterday when I came back from the interview my car was broken into at the train station...what a day!

At this point I'm thinking to send some notarized letters from my boss and neighbors saying my kids are with me three days every week and I take good care of them, send a letter from the States Attorneys Office that states I dont owe anything and copies of all checks I have that I paid support.

Then I think I should withdraw....
 
sgs6764 said:
Exactly what I'm worried about. He asked if my kids are are using welfare and I said I think so but I wasnt sure. Then he said well if they are their mom is committing a fraud. I really am not familiar how Public Aid works. I told my my kids mom to go figure that out if there is something that we need to be paying back we have to do it though technically she is the one responsible. Anyways I have a lot going on right now and this happened too soon. I just filed out the N-400 in July... I'm not ready for all this right now I maybe changing jobs, figure out my personal stuff, takecare my 2 year arm mortgage that adjusted and many more things. For gods sake yesterday when I came back from the interview my car was broken into at the train station...what a day!

At this point I'm thinking to send some notarized letters from my boss and neighbors saying my kids are with me three days every week and I take good care of them, send a letter from the States Attorneys Office that states I dont owe anything and copies of all checks I have that I paid support.

Then I think I should withdraw....
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I don't think you should withdrawal on the basis of how your future wife applied for welfare without first looking into it further. It may well be that even with your child support payments you have been making that she would still have been eligible for welfare based on total income and number of children. If you withdraw now , USCIS will surely question it next time you apply. Provide the documents that you can and go from there. The worst that USCIS can do is deny your citizenship. I doubt they would start an investigation as to if your future wife applied to welfare correctly. Public aid should be able to determine if she and your kids were eligible taking into consideration your support payments. Also, public aid should be able to provide a letter stating if she and your kids were still eligible taking into account your payments.
 
Thank you so much for your responses! It means a lot to me as I feel like Im having nervous breakdown. Its like my world collapsed yesterday.

I will do as advised. I'll provide the IO with everything I can and see what happens. Unfortunately I think he doesnt trust me anymore as I was hesitating with my answers and confusing him. I just didnt know what to say...
 
sgs6764 said:
Thank you so much for your responses! It means a lot to me as I feel like Im having nervous breakdown. Its like my world collapsed yesterday.

I will do as advised. I'll provide the IO with everything I can and see what happens. Unfortunately I think he doesnt trust me anymore as I was hesitating with my answers and confusing him. I just didnt know what to say...
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Don't let the IOs confusing questions intimidate you. Just realize that they have to do their job according to immigration laws.
Don't worry, things will work out in the end with a proper story and supporting documentation. Good luck!
 
I would focus on gathering as much as the info the IO asked from you. Child support proof, letter from State Attorney. Focus on what the IO asked you first. If there is some part of it that it's beyond your control. Perhaps the welfare part, do affidavits or whatever is needed explaining what's going on. I would guess that any proof of payment of child support (cashed checks or equivalent) would be good. I see that you are already planning on all this, and perhaps your chances of success are pretty good.
 
Also I would recommend you to get the required evidence within the first two weeks of the thirty day period so you have time to correct course - it would not be good for you to find out on the 29th/30th day that an essential piece of evidence still is missing.

By the way, having lost the GC does not mean that you have lost your permanent resident status.

By the way the shorter and the simpler the answers to the IO the better he/she can decide.
For example:
"I have three kids with my wife. We are separated. I am paying monthly support. There is no court order against me mandating support."
----------------------
Detroit DO - NSC
09/28/98 Entered on K-1 (Fiance) Visa
12/19/98 Married with US Citizen (still happily married 9 years after )
12/24/98 Filed I-485, I-130, I-765 in OKC (NSC)
01/03/99 Moved to Texas (TSC)
05/xx/00 Moved to Eastern PA (VSC)
11/xx/00 Moved to Central NJ (VSC)
03/19/01 LPR
03/xx/03 Received GC dated 03/19/2001
03/20/07 N-400 Priority Date
04/12/07 FP done
09/19/07 Interview passed :)
10/26/07 Naturalized Citizen :)
 
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Thanks again to all you! I feel much better about it now.

One more question. Should I get some letters from friend and my employer that say that they know I have been taking care and love my kids?

Thanks!
 
sgs6764 said:
Thanks again to all you! I feel much better about it now.

One more question. Should I get some letters from friend and my employer that say that they know I have been taking care and love my kids?

Thanks!
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USCIS is looking for evidence that you don't owe child support, not if you're a caring dad. Letters from friends or employers are not considered supporting evidence in the USCIS eyes so I wouldn't bother.
 
I was reading the paper he gave me and I noticed its actually a Form N-14

It says I need a letter from Illinois Department of Public Aid and it needs to state my kids aren't receiving any type of public assistance.

Again I don't get how is this concerning me in any way...
 
I'm not quite sure how that works but the IO asked me if so and I said I'm not quite sure. He asked for a letter from them also I dont quite know why.
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I would not know either but... what is the most important to you:
- either provide the USCIS with a letter from the Illinois Department of Public Aid so they can make a determination (and they may make a decision to grant you application for citizenship). As Santipawar wrote "Once you provide satisfactory documents you will be out of the woods."

- or you refrain from providing the USCIS with the piece of information they need to make a decision and your application gets denied?
----------------------
Detroit DO - NSC
09/28/98 Entered on K-1 (Fiance) Visa
12/19/98 Married with US Citizen (still happily married 9 years after )
12/24/98 Filed I-485, I-130, I-765 in OKC (NSC)
01/03/99 Moved to Texas (TSC)
05/xx/00 Moved to Eastern PA (VSC)
11/xx/00 Moved to Central NJ (VSC)
03/19/01 LPR
03/xx/03 Received GC dated 03/19/2001
03/20/07 N-400 Priority Date
04/12/07 FP done
09/19/07 Interview passed :)
10/26/07 Naturalized Citizen :)
 
Will do. Should I also write a letter ti the IO where I explain in detail my situation without contradicting my self and confusing him or just send the documents and let him draw his own conclusions?

Thanks!
 
sgs6764 said:
Will do. Should I also write a letter ti the IO where I explain in detail my situation without contradicting my self and confusing him or just send the documents and let him draw his own conclusions?

Thanks!
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You can provide a cover letter that details your situation, but don't divulge more than you have to in the risk of sounding confusing. Stick to the facts and the requirements and go from there.
 
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