F1 student, husband lied about sponsoring me and now jeopardized my status

kaylee said:
Guys,
I also found out that my husband owes about 20k in taxes. I'm guessing that that's the real reason why he did not file for citizenship. He's saying he has a payment plan with the IRS, I don't know how true that is, or if he's been keeping up with the payments. Can you get citizenship in his case? also, will you be able to sponsor your wife if you owe taxes?
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Yes, if he has a payment plan and is making the payments, and there are no more taxes overdue in addition to the payment plan, he can obtain citizenship and sponsor a spouse.

Also, if he qualifies to claim citizenship based on one or both of his parents becoming citizens before he turned 18, the taxes wouldn't matter. His citizenship date would be backdated to some date before his 18th birthday, based on when the required conditions were first met.
 
Jackolantern,
Thank you for your answer, but that rule of becoming citizen based on your parents is only valid if you are under 18 from what I understand. My husband is over 18 lol so how would that apply in his case? From my understanding that's only for minors.
 
Actually, that doesn't apply to my situation anymore, he is not qualified! He has decided to apply for his citizenship as of now and help me adjust my status even if we do not stay together. Do you guys know how long it will take if we submit his citizenship application now? Thank you!
 
kaylee said:
Jackolantern,
Thank you for your answer, but that rule of becoming citizen based on your parents is only valid if you are under 18 from what I understand. My husband is over 18 lol so how would that apply in his case? From my understanding that's only for minors.
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Being over 18 at this time doesn't disqualify him. What matters is if he was under 18 back when his parents became US citizens (depending on when they naturalized and certain other conditions, it may require both parents or just one parent). If the required conditions were met back then, his citizenship effective date will be backdated to some date when he was a minor (normally to the date when one of his parents naturalized).

If his parents naturalized before his 18th birthday, and USCIS notices that fact when he applies for citizenship via the regular 5-year rule, they will deny or suspend his N-400 application and tell him to file N-600 or apply for a US passport. So he should figure this out before wasting time and money to apply for citizenship via the regular route.

So, did at least one parent naturalize before he turned 18? Or both? Did he turn 18 before Feb. 2001?
 
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dhlunar,
Thank you!

Jackolantern,
He told me he was over 18 at the time, so he doesn't qualify for the certificate of citizenship. He has to apply from scratch. Thank you
 
OK, if neither parent became a citizen when he was under 18, he clearly wouldn't qualify for citizenship that way.

Make sure you review his N-400 application before he submits it. It has a section for spousal information, which in this case would be information about you, and if there are any mistakes in that section it could cause problems for him or you.
 
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Thank you for the advice. We will actually be working with a lawyer. Should I indicate on the form that i am an F1 student out of status? Will that affect his application? Thanks again
 
Kaylee.

Your husband is an asshy face. If polygamy was legal, I would ask your hand in marriage over this discussion board... I have a son, so I can use a daughter to complete my family. More than anything else, two wives isn't too bad....lol!!! He need to get his facts straight or your doomed in this country without any lega status and prospects for a job. He is a lier from your posting, which makes me question if he will even get this citizenship. How old is he? You did Finance of all the things, so you know his age and calculation as to whether he derived citizenship via parents or not. So, let us know, don't take his word that he doesn't qualify. Lastly, if you don't live under the same house, it will be a problems if he files for your greencard. Both of you should be living in the same house, having a strong relationship with evidence to show that both are married for real-bona fide marriage. If you can stomach his crap for till he becomes USC, files for you and your GC is approved, just make sure you move out and stay somewhere far away from his stinky breath... lying people have bad breath...lol
 
Al Southner said:
You did Finance of all the things, so you know his age and calculation as to whether he derived citizenship via parents or not. So, let us know, don't take his word that he doesn't qualify.
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She knows his age, but I don't think she knows when his parents got citizenship. But I agree she should find this out for herself and not just take his word for it, as he himself probably doesn't even know or care exactly when his parents got citizenship and he has shown that is word isn't reliable.
 
lol@ Al Southner, your post made me laugh! And yes, I do know how old my husband is and that has nothing to do with me holding a Finance degree, it is rather simple algebra and someone who spent a couple of semesters @ Columbia Law School would know that, unless they wereonly there to hold the doors for the legal Bar-Men!

Guys ( jackolantern, al southner), I know now he was over 18 when his parents filed for Citizenship ( I spoke to his mum). Also, I am the one speaking to the lawyer and filling out the forms for the citizenship application, we will go together to meet with the lawyer sometimes next week. He knows that I spoke to my parents and divorce was on the table, so he knows Im pretty serious about this now. Another thing is my mum is paying for the lawyer so I will be the one handling everything from now one which makes the process more transparent as I can contact the lawyer directly and know what's going on as opposed to relying on him and what he tells me.

Also, I will not be moving out, we're still going to be living under the same roof. We don't have a joint bank account, so I don't know how that's gonna affect my application when the time for that comes. Also the lease is only under my name as his credit wasn't good. All the bills are pretty much under my name coz I guess I am financially way more responsible than him. SInce I am not working, I am under his health insurance plan, and his name was under my auto insurance but I cancelled that insurance a few months ago. We do have a child together, and a lot of pictures, isn't that proof enough for USCIS?

I know I can't separate from him until all of this is over. I just hope we won't run into anymore hurdles and it goes fast. Im planning on having everything sent out by next week. We live in Washington, DC. I don't know how long the process takes around here, but I will keep you posted. In the meantime, any help from you guys is appreciated. Thanks again!
 
kaylee said:
I know I can't separate from him until all of this is over. I just hope we won't run into anymore hurdles and it goes fast. Im planning on having everything sent out by next week. We live in Washington, DC. I don't know how long the process takes around here, but I will keep you posted. In the meantime, any help from you guys is appreciated. Thanks again!
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Do you actually live in Washington, DC or do you live in Maryland or Virgina? Reason I am asking is Washington, DC and Virginia is assigned to the Washington field office that is actually located near the Dunn Loring-Merrfield metro station on the Orange line in Fairfax County, VA. The entire state of Maryland is assigned to Baltimore. The average processing time for citizenship is 5 months which is national average, and the current processing average are both 5 months. However, in the pass it seems like the Washington field office took longer then Baltimore. In terms of GC processing Baltimore is currently about 2 months faster then Washington.
 
dhlunar,
We are at the border of MD-DC, moved to MD from DC in August. Do you know the average processing time for the Baltimore office? Thanks.
 
kaylee said:
SInce I am not working, I am under his health insurance plan, and his name was under my auto insurance but I cancelled that insurance a few months ago.
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Do you have the old car insurance papers with both your names on it? If yes, keep it for the interview.
We do have a child together, and a lot of pictures, isn't that proof enough for USCIS?
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The child will make approval much easier, but still you need to be prepared to explain why you don't have joint financial arrangements.

The length of the marriage will also help. It is important to time the GC application so the interview will be on or after your 2-year anniversary, which would both increase your chances of approval and give you a 10-year unconditional card upon approval. Which means you should not apply for the GC earlier than 6 weeks before your anniversary, because some interviews are happening as soon as 6-7 weeks after the papers were filed. Of course, given that he first has to get citizenship, it will probably be close to or beyond your 2-year anniversary anyway when you file the GC papers, but I'm just bringing this up in case his citizenship is processed very fast.
 
kaylee said:
dhlunar,
We are at the border of MD-DC, moved to MD from DC in August. Do you know the average processing time for the Baltimore office? Thanks.
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Baltimore is 5 months for citizenship which is USCIS national average. For GC it is currently at 4.6 months according to the latest information from November 30, 2009 which is slightly behind the national average of 4 months. The thing that is confusing me is the October 31, 2009 processing average was 4 months. The processing times are released about 6 weeks after the fact. So around Feb 15th they will be releasing December 31 processing times. I am getting this information from: https://egov.uscis.gov/cris/Dashboard.do
 
Jackolantern,
Yes I do have the expired auto insurance papers. My health insurance is from his company and I'm also the beneficiary of his life insurance. Our 2 years anniversary will be in June which is 5 months from now and he will be lucky to get his citizenship by then, so even if everything works out fine, I'm thinking I wouldn't be able to apply till after the 2 years'anniversary. I'm just praying that the citizenship won't be denied for one reason or the other, coz then I will be in deep trouble.

DhLunar,
Thank you for the info. You shouldn't worry too much about the GC'times, since this is the average processing time, it could mean that your application can be processed in less than 4.6 months, so just cross your fingers :) ALso, this link provides different processing times for Baltimore https://egov.uscis.gov/cris/processTimesDisplay.do;jsessionid=bcarnWEQESAJ04ajWcuzs Which one is more accurate?
 
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Both link show the same data but in a different way. I think the dates are irrelevant because some cases take longer.
 
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