Hi all,
Here is my story. Any help would be greatly appreciated.
I was in the U.S. military when I met and married my wife in 1985 while stationed in Germany. She was immediately issued a non-expiring Alien Card.
We returned to Germany as a military member from 1988-1991, again as a federal contractor 2002-2003 and finally a federal employee from 2003-2006.
In 2007/2008 my wife applied for citizenship and was denied based on the 5 year rule. We argued that my federal employment overseas would bridge the U.S. presence requirement as well as our non-resident classification under the Status of Forces Agreement and the fact that we maintained a home in the U.S. while we were out of the country. She has filed joint U.S. tax returns every year since 1985.
The denial stated that she can reapply under the 3 year and married clause. She has recently reapplied, and paid another $675. My question is shouldn't the biometrics and name check already be on file?
She is seriously reconsidering not applying at all. The government could have just as well approved the application based on the later during the same review. In other words, "Ms. Doe, we see you apply under the 5 year rule, but that doesn't apply, we will apply the 3 year rule instead." Thus saving everyone the time and money involved.Too much red tape and closed mindedness. Meanwhile, we are not sure what the deal is with the non-expiring alien card, we have not received any guidance on any changes to the requirements and will not shell out more money for a new one until USCIS can show us the revised law requiring her to do so.
A side note: Calling USCIS for guidance is useless. They do not answer your questions and hang up.
Here is my story. Any help would be greatly appreciated.
I was in the U.S. military when I met and married my wife in 1985 while stationed in Germany. She was immediately issued a non-expiring Alien Card.
We returned to Germany as a military member from 1988-1991, again as a federal contractor 2002-2003 and finally a federal employee from 2003-2006.
In 2007/2008 my wife applied for citizenship and was denied based on the 5 year rule. We argued that my federal employment overseas would bridge the U.S. presence requirement as well as our non-resident classification under the Status of Forces Agreement and the fact that we maintained a home in the U.S. while we were out of the country. She has filed joint U.S. tax returns every year since 1985.
The denial stated that she can reapply under the 3 year and married clause. She has recently reapplied, and paid another $675. My question is shouldn't the biometrics and name check already be on file?
She is seriously reconsidering not applying at all. The government could have just as well approved the application based on the later during the same review. In other words, "Ms. Doe, we see you apply under the 5 year rule, but that doesn't apply, we will apply the 3 year rule instead." Thus saving everyone the time and money involved.Too much red tape and closed mindedness. Meanwhile, we are not sure what the deal is with the non-expiring alien card, we have not received any guidance on any changes to the requirements and will not shell out more money for a new one until USCIS can show us the revised law requiring her to do so.
A side note: Calling USCIS for guidance is useless. They do not answer your questions and hang up.
Not to mention the legal fees.
. While immigration rules and the USCIS process can be confusing, USCIS does suggest for applicants to read the naturalization guide first which goes over the requirement for each option.