Spouse Citizenship

N

n400_applicnt

Registered Users (C)
Hello,

I took oath a week ago ( yet to receive my US passport),
now I'm thinking of applying citizenship for my wife.

I got my GC by invoking AC21 ( complicated case),
that's the reason we didn't apply for citizenship at the same time
( I didn't want to jeopardize her LPR status b'cos of my GC hist).

my question:
If I apply for her citizenship now, since hers is a derived GC,
will they (USCIS) review my "A" file at the time of her interview and
go through my 485 application to see how I got my GC and
make sure whether I worked for the sponsoring company after getting my GC ( they did at the time of my interview )

OR

Is it a good idea to wait for 3 more yrs and apply under 3 yrs of marriage rule
Please advice

I don't want to put my USC at risk b'cos of my spouse citizenship application - mine is more imp

Thanks for your advice
 
She will apply for her citizenship, not you!!!

n400_applicnt said:
now I'm thinking of applying citizenship for my wife.
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Your A-file may not be looked at all, but no guarantees. However, how she got her GC will be looked at.

n400_applicnt said:
If I apply for her citizenship now, since hers is a derived GC,
will they (USCIS) review my "A" file at the time of her interview
Click to expand...


How she got her GC will be still be looked at, regardless whether she takes the 3 or 5 year route.

n400_applicnt said:
Is it a good idea to wait for 3 more yrs and apply under 3 yrs of marriage rule
Click to expand...


How selfless of you!!!

n400_applicnt said:
I don't want to put my USC at risk b'cos of my spouse citizenship application - mine is more imp
Click to expand...
 
n400_applicnt said:
Hello,

I got my GC by invoking AC21 ( complicated case),
that's the reason we didn't apply for citizenship at the same time
( I didn't want to jeopardize her LPR status b'cos of my GC hist).

my question:
If I apply for her citizenship now, since hers is a derived GC,
will they (USCIS) review my "A" file at the time of her interview and
go through my 485 application to see how I got my GC and
make sure whether I worked for the sponsoring company after getting my GC ( they did at the time of my interview )
Click to expand...

If you had no trouble as primary GC applicant, I doubt your spouse had trouble as derived applicant. They must have reviewed your A file during your citizenship interview. If they approved your N400 how can they deny your spouse because of yoru A file?
 
thank you for your responses,

1. My concern is not about my spouse's N400 denial - my concern is about IO reviewing my GC file during her interview, if the IO has any questions about my GC hist, then I'm worried whether they reopen my N400 file - this is my concern.
I went through a lot during my GC process, I don't want to go through that again - enough of USCIS for life time.

2. I'm NOT being selfish when I say my status is more imp - its out of my desperation to maintain my status, that's the last thing I want during these down times.

Thanks again for your advices and for your time.
 
n400_applicnt said:
my question:
If I apply for her citizenship now, since hers is a derived GC,
will they (USCIS) review my "A" file at the time of her interview and
go through my 485 application to see how I got my GC and
make sure whether I worked for the sponsoring company after getting my GC ( they did at the time of my interview )
Click to expand...

They may review how she received her GC, but it shouldn't be an issue since you already established your GC eligibility.
 
Bobsmyth said:
They may review how she received her GC, but it shouldn't be an issue since you already established your GC eligibility.
Click to expand...

I think whatthe OP meant is that he worried he was lucky to get his N400 approved. If the USCIS talke second look at his file, USCIS may have second thoughts and reverse their decision. When his wife is interviewed for N400, USCIS will take such second look at his file. He took risk to file his N400 and got through it but he is not sure that means his GC is really OK.
 
WBH said:
I think whatthe OP meant is that he worried he was lucky to get his N400 approved. If the USCIS talke second look at his file, USCIS may have second thoughts and reverse their decision. When his wife is interviewed for N400, USCIS will take such second look at his file. He took risk to file his N400 and got through it but he is not sure that means his GC is really OK.
Click to expand...

USCIS already reviewed how OP received GC during the GC process and N-400. It's highly unlikely they would reverse their decision based on two previous approvals.
 
Go ahead and let your wife apply for citizenship. I don't see much risk at all. Even your original strategy was flawed. If your N-400 had been denied due to AC21 issues and your GC revoked (which didn't happen) both your GC and your wife's derivative GC would have evaporated, not just yours. You should have applied for citizenship for both you and your wife at first, or just your wife (instead of you) if you didn't want to draw attention to your case. Now that you already went through your tribulations and USCIS had a chance to evaluate how you obtained your GC and still gave you citizenship I don't see much risk at all for your wife to apply.
 
Bobsmyth said:
USCIS already reviewed how OP received GC during the GC process and N-400. It's highly unlikely they would reverse their decision based on two previous approvals.
Click to expand...

Is it possible some IOs have the habit to find faults in other IO's decision
and that is what the OP fear for third time review of his history?
 
Huracan said:
Go ahead and let your wife apply for citizenship. I don't see much risk at all. Even your original strategy was flawed. If your N-400 had been denied due to AC21 issues and your GC revoked (which didn't happen) both your GC and your wife's derivative GC would have evaporated, not just yours. You should have applied for citizenship for both you and your wife at first, or just your wife (instead of you) if you didn't want to draw attention to your case. Now that you already went through your tribulations and USCIS had a chance to evaluate how you obtained your GC and still gave you citizenship I don't see much risk at all for your wife to apply.
Click to expand...

My thoughts too. I wonder why the OP did not let his spouse try first
to see what happened. Now the hard part is passed why does he worry boaut the easier part?
We do not even know the A file of primary GC applicant is part of derived applicant's A file.
 
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Huracan said:
Even your original strategy was flawed. If your N-400 had been denied due to AC21 issues and your GC revoked (which didn't happen) both your GC and your wife's derivative GC would have evaporated, not just yours. You should have applied for citizenship for both you and your wife at first, or just your wife (instead of you)
Click to expand...

Maybe the original strategy is based upon the idea it is better to have both
GC evaporated than to have only one evaporated. The later case can mean
permanent sepration of a family.
 
kruz_patz said:
Don't you love your wife or what? Selfish........unmature crazy ....... immigration crazy fellow
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The OP meant he doesn't want to unintentionally put his USC at risk by having his wife file and have his GC (and USC) possibly come into question. Posters here are reading too much into it and accusing him of being selfish, which obviously wasn't what the OP meant.
 
Bobsmyth said:
Posters here are reading too much into it and accusing him of being selfish, which obviously wasn't what the OP meant.
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More than that, it starts with people reading it correctly, but making it a joke, then that becomes sarcasm, which becomes derision and so on... But, that's life.
 
i also agree with sanjoseaug20 and bobsmyth. Let us keep some perspective and respect for someone sharing his /her story here....

I do not believe there is a major risk. It must be such a major fraud case for USCIS to re-open OP's case and then challange derivative wife's LPR status...AC21 is gray area...Yes, there is a risk, however, this is a very low risk.
 
Thank you all for your thoughts/suggestions,

My logic behind first applying USC for myself was,
if IO had any questions about my GC during the interview,
then I'll be in a better position to explain about my employment history/GC - this is NO fraud in my GC processing, its just that I invoked AC21 during very initial stages of the law came in effect and my concern is each IO is different, and I'm not sure how they are going to interpret my case.
If the IO has questions, then I have to go back to my attorney to answer their questions - which I don't want to

Now while processing my wife's application, during the interview if IO has questions about my employment hist, which my wife can't answer, it might intensify his/her doubts about my GC - that's my concern.

I think some of you are drawing your own conclusions and are deviating from topic - I appreciate if we stay on the main subject

again thank you for all your advices.

regards
 
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also, I read on this forum that if its after 5 yrs GC was initially approved that USCIS realizes that it was approved in error,
then it will be difficult for them to revoke GC,
luckily for me, I applied for my citizenship 5 yrs 3 months after my GC was approved - will this help in case if I run into any issues b'cos of my wife's application?

pl advice
 
You have nothing to worry about as far as citizenship is concerned, unless there was actual fraud or at least the appearance of fraud involved. And AC21 is not fraud. Revoking citizenship is very difficult, and they need something really concrete before they can revoke it. If you are concerned about your wife's ability to answer questions about your employment, go to the interview with her. Even if they don't directly let you into the interview room, at least you are in the building so she can ask to call you in if necessary.

And you are right, they cannot revoke the GC if it was granted in error and more than 5 years have passed before they initiate the revocation process. Once they pass the 5-year mark, they have to show in court that there was fraud, not just errors.
 
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