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Stop Working before Green Card
- Thread starter n400_issue
- Start date
Please check the posts from obongo, PR2001Cit2007, (and lately reddyrx) whose N-400 were approved recently. They all had different scenario, but you can assess how closely your individual cases are to them.
Also pal_bay and n400_issue, how good are your documentations (offer from the companies that laid your spouses off + and also from the companies that they worked in between)? I am also referring about Dates, Titles, Job descriptions and stuff.
Also pal_bay and n400_issue, how good are your documentations (offer from the companies that laid your spouses off + and also from the companies that they worked in between)? I am also referring about Dates, Titles, Job descriptions and stuff.
n400_issue
Registered Users (C)
Attorney Answers
Attorney suggested that I withdraw N-400 for myself and spouse. Reason Spouse GC is derived from mine and as the IO may ask questions under oath about spouse job, you will have to tell the truth. Attorney said that i go to the Local DO on the interview date and when call in, to say that i do not intend to peruse my N400. They would make us sign a form and we get a copy to keep.
Anyone can suggest me if there other ways for N400 withdrawal.
Attorney suggested that I withdraw N-400 for myself and spouse. Reason Spouse GC is derived from mine and as the IO may ask questions under oath about spouse job, you will have to tell the truth. Attorney said that i go to the Local DO on the interview date and when call in, to say that i do not intend to peruse my N400. They would make us sign a form and we get a copy to keep.
Anyone can suggest me if there other ways for N400 withdrawal.
Ignorantperson
Registered Users (C)
You may want to get a second and a third opinion
You may want to get a second and a third opinion
Absolutely, please get opinions from other Attorneys and make sure they do specialize in Immigration Laws have a good track record (I am sure you did look into that already). You can ask the forum members about recommended attorneys in your local area.
n400_issue
Registered Users (C)
I just paid $150 to attorney for a 20 min phone consultation. I hope the forum and other can share there suggestions.The Indian Attorney does specialize in immigration law,mostly H1B to US Citizenship.
n400_issue
Registered Users (C)
Trying to understand,
What question will be asked by the IO for the Derived GC N-400 applicant?
Will the IO want to know if the Spouse (Job Status who applied for the GC on employment based)?
What basically does the IO verify for the Spouse Derived GC N-400? (Taxes or any other doc's)
My hopes was at least the spouse could get N-400 approved. But attorney just didn't want that.
Can someone write about their interview experiences of spouse's N400 approval as being House Wife or working after GC?
What question will be asked by the IO for the Derived GC N-400 applicant?
Will the IO want to know if the Spouse (Job Status who applied for the GC on employment based)?
What basically does the IO verify for the Spouse Derived GC N-400? (Taxes or any other doc's)
My hopes was at least the spouse could get N-400 approved. But attorney just didn't want that.
Can someone write about their interview experiences of spouse's N400 approval as being House Wife or working after GC?
For the benefit of this forum and to enable other members to help you better, would you mind sharing the highlights of your phone consultation with the attorney?
$150 attorney fee does pinch a little, but believe me its nothing when there is question of your family’s entire Immigration journey and the steps you are contemplating to take next. Just like me, the forum members understand your plight because we are also undertaking the journey and are in same side of you (vs. a bureaucratic machinery called USCIS).
$150 attorney fee does pinch a little, but believe me its nothing when there is question of your family’s entire Immigration journey and the steps you are contemplating to take next. Just like me, the forum members understand your plight because we are also undertaking the journey and are in same side of you (vs. a bureaucratic machinery called USCIS).
n400_issue
Registered Users (C)
Attorney Discussion
Client:-I sent the information about my case history.
Attorney:- Received your case history
Client:- What do i need to do?
Attorney:- Are you working currently?
Cleint:- No
Attorney:- Why you are not working?
Clent:- Homemaker
Attorney:- Why you want to get citizen?
Client:- Because I was eligible after 5 years.
Attorney:- Based on you situatuion both of you would need to withdraw N400
Client:- Ok! Why?
Attorney:- You do not show any records of 5 years of job history.
Client:- How about spouse derived GC?
Attorney:- That's derived GC based on your's.
Client:- What specific reason of the derived GC spouse N400 withdrawal?
Attorney:- IO may ask about the Primary GC job status, and will have to tell the truth as is under oath.( I am asking this forum will derived GC be asked such a question? what other things will they asked i assume "Tax filing"?)
Client:- Hypothetical question if the Primary GC gets back to work and works 5 years will it ok to file N400 employment based as N400 needs jobs history of 5 years.
Attorney:- Well still there will be problem if the IO will ask the question, if you worked for sponsor GC after GC was approved and you will have to tell the truth, under oath.(May be less likely they ask seeing your job employment)
So that's were we finished a little more but nothing important to say.
Based on Attorney, i came to conclusion to withdraw N400.
Client:-I sent the information about my case history.
Attorney:- Received your case history
Client:- What do i need to do?
Attorney:- Are you working currently?
Cleint:- No
Attorney:- Why you are not working?
Clent:- Homemaker
Attorney:- Why you want to get citizen?
Client:- Because I was eligible after 5 years.
Attorney:- Based on you situatuion both of you would need to withdraw N400
Client:- Ok! Why?
Attorney:- You do not show any records of 5 years of job history.
Client:- How about spouse derived GC?
Attorney:- That's derived GC based on your's.
Client:- What specific reason of the derived GC spouse N400 withdrawal?
Attorney:- IO may ask about the Primary GC job status, and will have to tell the truth as is under oath.( I am asking this forum will derived GC be asked such a question? what other things will they asked i assume "Tax filing"?)
Client:- Hypothetical question if the Primary GC gets back to work and works 5 years will it ok to file N400 employment based as N400 needs jobs history of 5 years.
Attorney:- Well still there will be problem if the IO will ask the question, if you worked for sponsor GC after GC was approved and you will have to tell the truth, under oath.(May be less likely they ask seeing your job employment)
So that's were we finished a little more but nothing important to say.
Based on Attorney, i came to conclusion to withdraw N400.
n400_issue
Registered Users (C)
Homemaker or started to work after getting your derived GC , with Citizenship approved, please post your Interview question or document needed?
JohnnyCash
Volunteer Moderator
There are few facts you (and others) should know-
[1] Always get opinions from at least 4-5 attorneys than completely (blindly) relying from one attorney alone.
[2] Many attorneys do provide consultation/opinion over the phone than in person which you might like to take advantage of.
[3] Many attorneys don't charge for initial consultation. Thus, you might consider to take advantage of their generosity especially when you are just looking for their opinion than a representation (hiring them).
[4] Always avoid attorneys who would say that they cannot give their opinion over the phone because they don't know you or your case/situation at all. Because it's just a trick to get you to their office so that they can make money out of you even though they would willing to provide a free consultation in person. And then there are attorneys who charge $50-$300 for an hour consultation by saying that this money would be deducted if you would choose to retain them. I'm sure there are many people who think/say that you shouldn't think about money because expertise costs money. Or they might say that you rather pay this much money on these kinds of attorneys than being sorry in the end. Then only thing I would say is that going to these kinds of attorneys should be the last option unless you have extra money to spend.
[5] You will never find the consistency in the opinions given by attorneys because each attorney has his/her own take-on on a given situation. Why is it like that? Because each person in this world is unique and different being individual. So obviously they have their own mind to think/act. Thereby, don't be surprised or think negatively about any of attorney if you get different opinions from them. That's why I previously said that it's always advisable to get opinion from at least 4-5 attorneys so that you could be sure on something.
[6] I've said more than once that never ever assume the outcome of your case based upon the outcome of other people even if other people's situation might have been similiar to yours. Why? Because each officer is different and unique being individual. Meaning some officers are tougher than others. Just because there wasn't a problem for others who were in a similar situation like yours then that doesn't mean you won't have a problem either. I've seen hundreds of cases on this board wherein some people were able to become US citizen without a hitch, while other people were drilled for so long about their past or even were denied. Also, many people have been struck in 'name check' nonsense for many months/years. Does that mean you would also be struck in this name check thing if you like to assume the outcome of your case based upon others??
Let me tell you about some cases from here which show/prove that some officers are tougher than others and they do act differently. In a case USCIS found out during an interview for Naturalization that applicant came here on a student visa but never went to school here; rather he started working. After some time later he met a US citizen and got married and obtained a GC thru that marriage. After 3 yrs later he filed for citizenship and thought his citizenship interview would be a breeze like it was during the time of obtaining green card, but to his surprise his case got denied and he was about to face the possible deportation. He came on here to get help. I advised him to appeal the denial on the ground that there wasn't any immigrant intent on his part when he landed here on a nonimmigrant visa based upon some circumstantial situtaions of him which he said over this board. He appeared in a hearing for appeal with his attorney and was able to reverse the denial on his citizenship appoication and eventually his application for citizenship got approved. However, luck was his side too because if the officer on his appeal-hearing wasn't a nice officer, he would have been definately facing a deportation based upon his immigration past.
Similarly, there was a case wherein interviewing officer came to know during the interview that applicant was married before but got divorce in order to get married with a US citizen and obtained a green card thru marrying with US citizen but lived during all this time with the first husband. And after obtaining green card, she married back to her first husband so that he could get a green card. Officer denied the case under marriage fraud. And in another case officer found out that a guy was single for many years as per his citizenship application but after careful review of his tax returns officer found that he had been filing his tax-returns as married so that he could get advantage of tax break. Also, there was a case wherein officer approved a citizenship application for a woman in NJ knowing well that she was convicted for shoplifting. I mean, as per immigration laws and reported court cases, conviction on shoplifting crime is a deportable crime even if immigrants are charged for misdemenor for shoplifting in state court. But instead of deporting her, officer chose to make her US citizen. I'm 100% sure that her case can easily be reopened if someone would report to USCIS and then not only her but also her parents would be deported who obtained US citizenship based upon her as she sponsored them right after becoming a US citizen. Nevertheless, I'm not here to say what was wrong and what was right; rather I'm here to mention that each officer acts differently.
These are just few cases out of hundeds. All I just want you to know that some officers are tougher than others. Otherwise how many officers even care to look carefully in these kind of info. Thereby, you should never assume the outcome of your case based upon others. You most probably won't get the same officer who interviewed others.
As for your case then you are looking a revocation of your green card and a possible deportation. Your spouse is a derived beneficiary then your spouse would also loose the green card as a result of your action. If you would have worked (or have switched your job) with a different employer in the same kind of field/duties after obtaining a green card then it could have been a different senario because then you would have something to argue with USCIS/Immigration courts about your intent by saying that either company was not paying you the prevailing wages or you found a better opportunity with other employer. I mean, you would have something to justify in your case then. You have to know that sometimes immigration officers do use their discretionary authority to approve a citizenship application despite of knowing well that applicant switched the job to a different employer right away after obtaining the green card or never worked for the employer who initially sponsored even though law states that applicant cannot quit CERTAIN jobs before 18 months.
After how long of filing I-485 you obained your green card could also have been considered to justify your move if you would have changed your job in the same field with another employer. But since you didn't work at all then you have nothing to argue to defend yourself.
Some people might say to you that you might have a hope to get approval on your citizenship application because some people on this board who were in a similar situation like yours were able to become a US citizen, but then keep it in mind that some officers are tougher than others. And modus operandi of each officer is different. Some officer don't even care to ask anything, while others would drill you and pick on you on even little-little things. It could be possible that officer might completely overlook this critical fact in your case, or probably won't even care but can you honestly tell that that's how it would 100% turn out??
If you want to take a risk then go for it. But if you say that you rather live and work here than being deported then both of you (you and your spouse) must withdraw the pending naturalization application. You can choose to refile it after few yrs later (at least 8-10 yrs) since this issue most probably won't come up by then, or you can choose to remain just a permanent resident.
As for your husband's case then it is highly unsual for USCIS to ask him about your job history. I personally don't think even for a second that USCIS would question him about your job or your job history to make a decision on his citizenship application even though he obtained his green card based on yours. They have no possible and whatsoever reason to suspect about your situation in order to decide his case unless they check his tax returns and would find out that you haven't worked for the employer who sponsored you. But the possibility of them to check your work history thru his tax-returns is very slim because tax returns are required to see/check about applicant's situation than applicant's spouse. But I cannot rule this out either.
The best thing for you guys to do is to withdraw the applications. And the best way to withdaw the application is by going personally to local office on the day of interview. They won't ask why you are withdrawing because people do change their mind at the last moment because of various reasons. Sending them letter in the mail is not a good idea even if you might think to send a certified mail because you will hardly receive a confirmation on your request then. Not appearing for an interview is another way to get rid of the application but then it would be considered as DENIED because of abandonment of it than withdrawing which might not look good in the future.
Good luck
[1] Always get opinions from at least 4-5 attorneys than completely (blindly) relying from one attorney alone.
[2] Many attorneys do provide consultation/opinion over the phone than in person which you might like to take advantage of.
[3] Many attorneys don't charge for initial consultation. Thus, you might consider to take advantage of their generosity especially when you are just looking for their opinion than a representation (hiring them).
[4] Always avoid attorneys who would say that they cannot give their opinion over the phone because they don't know you or your case/situation at all. Because it's just a trick to get you to their office so that they can make money out of you even though they would willing to provide a free consultation in person. And then there are attorneys who charge $50-$300 for an hour consultation by saying that this money would be deducted if you would choose to retain them. I'm sure there are many people who think/say that you shouldn't think about money because expertise costs money. Or they might say that you rather pay this much money on these kinds of attorneys than being sorry in the end. Then only thing I would say is that going to these kinds of attorneys should be the last option unless you have extra money to spend.
[5] You will never find the consistency in the opinions given by attorneys because each attorney has his/her own take-on on a given situation. Why is it like that? Because each person in this world is unique and different being individual. So obviously they have their own mind to think/act. Thereby, don't be surprised or think negatively about any of attorney if you get different opinions from them. That's why I previously said that it's always advisable to get opinion from at least 4-5 attorneys so that you could be sure on something.
[6] I've said more than once that never ever assume the outcome of your case based upon the outcome of other people even if other people's situation might have been similiar to yours. Why? Because each officer is different and unique being individual. Meaning some officers are tougher than others. Just because there wasn't a problem for others who were in a similar situation like yours then that doesn't mean you won't have a problem either. I've seen hundreds of cases on this board wherein some people were able to become US citizen without a hitch, while other people were drilled for so long about their past or even were denied. Also, many people have been struck in 'name check' nonsense for many months/years. Does that mean you would also be struck in this name check thing if you like to assume the outcome of your case based upon others??
Let me tell you about some cases from here which show/prove that some officers are tougher than others and they do act differently. In a case USCIS found out during an interview for Naturalization that applicant came here on a student visa but never went to school here; rather he started working. After some time later he met a US citizen and got married and obtained a GC thru that marriage. After 3 yrs later he filed for citizenship and thought his citizenship interview would be a breeze like it was during the time of obtaining green card, but to his surprise his case got denied and he was about to face the possible deportation. He came on here to get help. I advised him to appeal the denial on the ground that there wasn't any immigrant intent on his part when he landed here on a nonimmigrant visa based upon some circumstantial situtaions of him which he said over this board. He appeared in a hearing for appeal with his attorney and was able to reverse the denial on his citizenship appoication and eventually his application for citizenship got approved. However, luck was his side too because if the officer on his appeal-hearing wasn't a nice officer, he would have been definately facing a deportation based upon his immigration past.
Similarly, there was a case wherein interviewing officer came to know during the interview that applicant was married before but got divorce in order to get married with a US citizen and obtained a green card thru marrying with US citizen but lived during all this time with the first husband. And after obtaining green card, she married back to her first husband so that he could get a green card. Officer denied the case under marriage fraud. And in another case officer found out that a guy was single for many years as per his citizenship application but after careful review of his tax returns officer found that he had been filing his tax-returns as married so that he could get advantage of tax break. Also, there was a case wherein officer approved a citizenship application for a woman in NJ knowing well that she was convicted for shoplifting. I mean, as per immigration laws and reported court cases, conviction on shoplifting crime is a deportable crime even if immigrants are charged for misdemenor for shoplifting in state court. But instead of deporting her, officer chose to make her US citizen. I'm 100% sure that her case can easily be reopened if someone would report to USCIS and then not only her but also her parents would be deported who obtained US citizenship based upon her as she sponsored them right after becoming a US citizen. Nevertheless, I'm not here to say what was wrong and what was right; rather I'm here to mention that each officer acts differently.
These are just few cases out of hundeds. All I just want you to know that some officers are tougher than others. Otherwise how many officers even care to look carefully in these kind of info. Thereby, you should never assume the outcome of your case based upon others. You most probably won't get the same officer who interviewed others.
As for your case then you are looking a revocation of your green card and a possible deportation. Your spouse is a derived beneficiary then your spouse would also loose the green card as a result of your action. If you would have worked (or have switched your job) with a different employer in the same kind of field/duties after obtaining a green card then it could have been a different senario because then you would have something to argue with USCIS/Immigration courts about your intent by saying that either company was not paying you the prevailing wages or you found a better opportunity with other employer. I mean, you would have something to justify in your case then. You have to know that sometimes immigration officers do use their discretionary authority to approve a citizenship application despite of knowing well that applicant switched the job to a different employer right away after obtaining the green card or never worked for the employer who initially sponsored even though law states that applicant cannot quit CERTAIN jobs before 18 months.
After how long of filing I-485 you obained your green card could also have been considered to justify your move if you would have changed your job in the same field with another employer. But since you didn't work at all then you have nothing to argue to defend yourself.
Some people might say to you that you might have a hope to get approval on your citizenship application because some people on this board who were in a similar situation like yours were able to become a US citizen, but then keep it in mind that some officers are tougher than others. And modus operandi of each officer is different. Some officer don't even care to ask anything, while others would drill you and pick on you on even little-little things. It could be possible that officer might completely overlook this critical fact in your case, or probably won't even care but can you honestly tell that that's how it would 100% turn out??
If you want to take a risk then go for it. But if you say that you rather live and work here than being deported then both of you (you and your spouse) must withdraw the pending naturalization application. You can choose to refile it after few yrs later (at least 8-10 yrs) since this issue most probably won't come up by then, or you can choose to remain just a permanent resident.
As for your husband's case then it is highly unsual for USCIS to ask him about your job history. I personally don't think even for a second that USCIS would question him about your job or your job history to make a decision on his citizenship application even though he obtained his green card based on yours. They have no possible and whatsoever reason to suspect about your situation in order to decide his case unless they check his tax returns and would find out that you haven't worked for the employer who sponsored you. But the possibility of them to check your work history thru his tax-returns is very slim because tax returns are required to see/check about applicant's situation than applicant's spouse. But I cannot rule this out either.
The best thing for you guys to do is to withdraw the applications. And the best way to withdaw the application is by going personally to local office on the day of interview. They won't ask why you are withdrawing because people do change their mind at the last moment because of various reasons. Sending them letter in the mail is not a good idea even if you might think to send a certified mail because you will hardly receive a confirmation on your request then. Not appearing for an interview is another way to get rid of the application but then it would be considered as DENIED because of abandonment of it than withdrawing which might not look good in the future.
Good luck
Last edited by a moderator:
JohnnyCash
Volunteer Moderator
Attorney:- Based on you situatuion both of you would need to withdraw N400
Client:- Ok! Why?
Attorney:- You do not show any records of 5 years of job history.
Based upon this attorney's response here on your question I can bet that this attorney is not a good immigration attorney even if he might be practicing laws for many years and specializing in employment based immigraiton. Why? Because he gave you TOTALLY FALSE response here when he said that you need to withdraw your pending N-400 because you don't show any record of 5 yrs of job history.
Like I've said many times on this forum that applicants for naturalization don't need to have a job in order to be naturalized. Rather they can still be naturalized if they don't work or are on welfare so long they can show some kind of evidence of supporting themselves like spouse or anyone supporting them or etc. Because if applicants don't have a visible means of income, then it's USCIS assumption that applicants might be involved in a shady business like drug dealing or something like that, or might be working under the table to avoid the taxes, which is seen as having a bad character. And having a good moral character is the prime requirement to be naturalized.
So, for this attorney to have said that you should withdaw your application because you don't have any work history for 5 yrs of job then it's completely a wrong advise. He should have rather said that you should withdraw your application because you stopped working 6 months prior to getting approval on your green card for the employer who sponsored you for the immigrant visa AND/OR that you did not work for another employer either in the same field of job after obtaining the green card under employment category.
JohnnyCash
Volunteer Moderator
Attorney:- IO may ask about the Primary GC job status, and will have to tell the truth as is under oath.( I am asking this forum will derived GC be asked such a question? what other things will they asked i assume "Tax filing"?)
Like I said in my earlier response that USCIS normally don't ask applicants about their spouse's job history but since it's relevant here because your spouse is a derived beneficiary then they can. They could just ask your spouse if you are still working for the same company that sponsored you or how long did you work for that company after obtaining a green card. They can even demand to see a proof that you worked for the company after obtaining the green card. And noone should lie under Oath. Plus, most of times they do ask the tax-returns, which would be enough for them to know about your job history.
JohnnyCash and others,
I always visited this forum to read but never became a member since my husband was taking care of immigration issues. But after reading this theard, I am little concerned about my situation.
I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
Thanks
I always visited this forum to read but never became a member since my husband was taking care of immigration issues. But after reading this theard, I am little concerned about my situation.
I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
Thanks
similar case
hi
i have a friend who is in a similar situation.
he applied for a greencard thru a company! but by the time he got hisgreen card (after 6 mos of I485) his job moved to canada- same company- and he had to move to canada - he got his greencard and he was travelling back and forth to us and canada - presumbaly he got REP also- to keep GC alive
and then after two years found a position back in US - same company and moved here. and is working with the same company
so what will happen to him. he is in the same company - but moved to canada - while an during the intial 2 yrs of obtaining GC - and moved back to US?
he is willing to file for citizenship after 5 yrs of US emplyment - taxes and all that- but will they dig back to - what happened when he got GC?
alternatively - if he waits for his spouse to get GC and citizenship - on her own - and apply as a dependent for citizenship -will they still dig in to his GC past?
hi
i have a friend who is in a similar situation.
he applied for a greencard thru a company! but by the time he got hisgreen card (after 6 mos of I485) his job moved to canada- same company- and he had to move to canada - he got his greencard and he was travelling back and forth to us and canada - presumbaly he got REP also- to keep GC alive
and then after two years found a position back in US - same company and moved here. and is working with the same company
so what will happen to him. he is in the same company - but moved to canada - while an during the intial 2 yrs of obtaining GC - and moved back to US?
he is willing to file for citizenship after 5 yrs of US emplyment - taxes and all that- but will they dig back to - what happened when he got GC?
alternatively - if he waits for his spouse to get GC and citizenship - on her own - and apply as a dependent for citizenship -will they still dig in to his GC past?
Last edited by a moderator:
I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
He could work at Burger King after getting his GC and it wouldn't matter. The fact is if he had his GC through his company and was still working at that company when he got it, it shouldn't matter at all after that. The Naturalization process has no requirement the GC holder must be employed at all. If you have gotten your GC from his (which he legitly got) then, why would there be any issue?
If he had left the company and then got the Green Card that would be a whole different story which is what I think the original poster had happen...
n400_issue
Registered Users (C)
N400 withdraw
Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.
We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.
Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.
Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.
We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.
Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.
Like I said in my earlier response that USCIS normally don't ask applicants about their spouse's job history but since it's relevant here because your spouse is a derived beneficiary then they can. They could just ask your spouse if you are still working for the same company that sponsored you or how long did you work for that company after obtaining a green card. They can even demand to see a proof that you worked for the company after obtaining the green card. And noone should lie under Oath. Plus, most of times they do ask the tax-returns, which would be enough for them to know about your job history.
Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.
We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.
Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.
n400_issue,
We respect your decision and know it must be little disappointing. Since you still have some time before your interview, please keep on monitoring this forum, you may find more information that 'may' support to rethink (just a possibility). Meanwhile, as JohnnyCash had mentioned, try to utilize some free consultations from the legal forums or attorneys. I will also keep an eye on some other discussions and hope to pass on the message to you if I do find something of interest for you.
Good luck, please do keep an open mind (with realistic expectations).
I understand your decision to withdraw N400 application. For the benefit of this forum, can you please keep posting with your updates.
Good luck and thanks
Good luck and thanks
Thanks "JohnnyCash" for such details, I feel you put all possible logics with examples of few cases here.
We will withdraw our N400 at the Local Office. Citizenship is not a must for us at this time we had filed just because we were eligible. This situation had awakened me to fix my problem, i plan to float my resume and get back to a job so that in a few years this problem will be at the smaller level and less likely of GC deportation.
Without knowing the views and advices of this great forum members like "JohnnyCash", my family would have dug ourselves into a deep hole for the rest of our life.
JohnnyCash
Volunteer Moderator
JohnnyCash and others,
I always visited this forum to read but never became a member since my husband was taking care of immigration issues. But after reading this theard, I am little concerned about my situation.
I got my GC through my husband, who came here as F1 (MS Civil Engg) and then H1 (Civil Engg). But then he switched to Software Engg and got his GC through his employer. He stayed with the company for two months after he got his GC. However the time from I-485 till he got his GC was 2.1 yrs. After that we had to move to another city and at that time he got into Civil Engg job and worked for 3 yrs. Again we had to move because of my job and he had to quit his job. Now he is homemaker.
We just applied to Citizenship and got notices for FP and since I got my GC through my husband and he no longer works:
1. Does it create problem in our process.
2. After he got his GC (Software) he went back to Civil Engg -- any issues here?
3. Would advise us to withdraw? or any suggestions.
Thanks
I wouldn't advise you guys to withdraw your pending applications because I don't see any problem here. Why? Because 2.1 yrs of time that took him to receive his green card after filing I-485 goes in his favor; otherwise leaving the job after 2 months of receiving a green card would have definately caused a big mess.
You have to know that there is no any law that states that green card holders should stay with the sponsored employer for so and so period, but it's USCIS position that if a green card holder leaves his/her sponsored employer within six months of obtaining a green card then they suspect a fraudulent intent on immigrant part. Leaving the sponsored employer after 4 months of obtaining a green card could be aruged and officer could use his discretionary authority to ignore it but leaving the job after 2 months later would definately trigger problem unless there is a reasonable reason to back up.
Nevertheless, he is safe because he had worked long enough for the sponsored employer especially when it took so long for his AOS to be decided. For him not working now is not a problem but he should carry your tax returns to show that you are working and his is a homemaker. They would just like to know how he is supporting himself without visible means of income. And that's where you come in the picture. For him to have gone back to Civil Engg. after obtaining a green card is NOT a problem at all.
Good luck...