Will desire to live in Mexico affect Citizenship Appoval?

D

djkenney

Registered Users (C)
My Mexican wife will apply for citizenship this April. But we would like to move to Mexico for a few years so my in-laws can spend some quality time with our kids. When my wife goes to her citizenship interview, should she hide the fact that we plan to live (or if we've already moved, that we have been living) in Mexico for a few years? In other words, will she be denied citizenship if we want to live in Mexico for a few years?

I'm brand new to the boards. Thanks for any help or thoughts.
 
Ok, I really don't like to use this word, but that's a rather dumb question.

If you don't want to live here, there is no need to give you citizenship.

So I guess the answer to your question is cristal clear.
 
Lying to the INS will of course get you denied. Living in Mexico like you have also will get you denied for breaking your continous residency. Look up all the posts about that on here. If you wanted to live in Mexico for a few years, your wife needed to have gotten her citizenship and US passport BEFORE moving. Now it's a little to late unless you haven't moved yet (which by your post doesn't seem to be the case)...
 
I second that it is not worth trying to hide it. You say she can apply on April, and then you talk hypothetically about having lived for years in Mexico, and then you also talk about moving there in the future, so it is not very clear what the situation is. So, be truthful about stays out of the U.S. and don't volunteer any information at the interview that hasn't been asked for. I think most IO don't ask any questions about plans to leave the country after naturalization. Now, it is up to you, if you have been crossing into Mexico through a land border perhaps there is not a big record of it, and land border crossings are very easy to forget, as they don't leave stamps on the passport. Anyway, be aware that even if you could get away with some fuzzy math on staying out of the country, this could come back later and haunt you if USCIS finds out, and they could potentially revoke the citizenship.
 
Guys, laguage used is: "But we would like to move to Mexico "
That indicates future plans, not past visits or current location.

If you tell USCIS that you gonna be outta here as soon as your have the passport, they will wish you a pleasent journey right away.
 
Last edited by a moderator:
MartinAub said:
Guys, laguage used is: "But we would like to move to Mexico "
That indicates future plans, not past visits or current location.

If you tell USCIS that you gonna be outta here as soon as your have the passport, they will wish you a pleasent journey right away.
Click to expand...

This is not at the discretion of USCIS or the interviewing officer. If I'm not mistaken, there was a law passed a few years back which did away with any residency requirements once you become US citizens. Naturalized citizens have the same rights as native born US citizens regarding where they want to stay.
 
I agree with that statement, however, if there is an expressed desire NOT to live in the US then why give it? How can you tell the IO during the interview that you want to move to a different country and expect they grant your application?

All different once you are a citizen.

If you tell the IO that you don't want to live here, that's when the bus stops and you are off.
 
Wow. I didn't realize you guys were so great about responding quickly. Thanks alot.

Let me clarify. We haven't moved yet. I have a potential job offer that I would start in March, and I want to understand the rules before accepting.

We intend to live out most of our lives in the USA, which is why she needs citizenship. But the next 3 years or so is the perfect time to live in Mexico because our kids haven't started school yet and my in-laws are still alive. But then we would return.

We've already completed the 18 month "living in US" requirement. Between when she applies in April and whenever she goes to her interview, we would make sure she comes back to the USA before every 6 months for a quick stay.

So, if I come right out in the inteview and say "we've been living in Mexico ever since we filed for citizenship, and intend to live there for the next 2-3 years", is that reason for denial?
 
My magic three letter answer is YES

BTW, your reason to live in MX may or may not be there in the future.
We never know what God may have in stock for us.

I would also limit the duration as much as possible and consider perhaps shorter and more frequent travels, if at all possible. Nothing wrong with maintaining family ties.
 
It will most likely be a reason for denial. However, if you don't break the continuous residence requirements and physical presence, you might have a chance. The problem is that if you have already moved and you don't keep your residence in the U.S. it is going to be difficult. One is supposed to update trip and arrest information, or any other relevant information at time of interview. So, at time of interview your wife would have to mention the trip to Mexico, and that can lead to further questions. Best advice would be to wait for the move until the end of naturalization, or at least be able to prove that the stay in Mexico is temporary. Anyway, the way you describe the plan of moving to Mexico right away before interview is pretty risky. Best advice is try to stay put in the US until after naturalization, or at least until interview. She might do short trips to Mexico in between, and you could too, but don't move residence.
 
Thanks again for the responses. So here's the million dollar question that I'm sure has been mulled over to death in the forum. If I wait for Citizenship before moving, and she applies in April, what's the general consensus for how long it takes to get citizenship now days?
 
Depends on where you file.
Probably anywhere between 6 month and a lifetime. I think a year or so could be assumed common, if you hit no snags.
 
I agree with the spirit of your argument, but cases like this cannot be rejected by USCIS without a legal basis. Adjudication of green cards and naturalization is "not at the discretion" of the interviewing officer, unlike other kinds of visa's (such as tourist, student and H1B).

At the same time, the law has explicitly clarified that a naturalized citizen is not required to maintain permanent residence after naturalization. The gray area, as you rightly pointed out, is actually because while you have applied for naturalization, you still need to fulfill the requirements of your green card and one should definitely do that at least until the oath. So, one should not make a permanent move to a place outside US until the oath is over. But, if you have not moved yet but only possibly intend to do so subsequent to naturalization, should be no ground for rejection for the simple reason that "intention to stay out of the US as a US citizen" is not the same as "intention to stay out of the US as a citizen of XYZ country".

Personally, I think naturalization is all about owing your allegiance to the US, which in return bestows on you the rights and responsibilities of a US citizen. One can be as patriotic living outside the US as living within.

NOTE: I'm not dispensing any legal advice here, this is just my understanding. So, usual disclaimers apply and people in this situation should seek qualified legal advice.
 
I agree with you, with one tiny exception. (Time line important)

If you meet the residency requirement, but you tell the IO that you have no intention of living in the US (remember, live changes and whilst you may indicate that you only want to do this for a few years, you could end up doing that forever). Now considering that you have to take an Oath (subsequently) wouldn't you defy the spirit of the Oath to "defend the constitution" etc, if you already tell the IO that you have no interest to do so for the forseeable future as you leave the country?

I would think the IO would give you a very puzzeled look, if you tell him/her "I am outta here as soon as I have lowered my hand, already have the ticket"
 
OK. So what if I take the job now, move to Mexico next month, and don't apply for my wifes citizenship until we get back in, say 2011. Does anyone know what kind of permissions she would need to leave for an extended period like that?
 
MartinAub said:
I agree with you, with one tiny exception. (Time line important)

If you meet the residency requirement, but you tell the IO that you have no intention of living in the US (remember, live changes and whilst you may indicate that you only want to do this for a few years, you could end up doing that forever). Now considering that you have to take an Oath (subsequently) wouldn't you defy the spirit of the Oath to "defend the constitution" etc, if you already tell the IO that you have no interest to do so for the forseeable future as you leave the country?

I would think the IO would give you a very puzzeled look, if you tell him/her "I am outta here as soon as I have lowered my hand, already have the ticket"
Click to expand...

Actully there are some subtleties involved.

1. The person "intends to stay outside the US as a US citizen". That means whether the person stays out of the US is dependent on if and when he/she gets US citizenship. No citizenship, no staying out.

2. Being patriotic about any country has nothing to do with where you stay and there is no legal basis to deny that. As immigrants, we have all been in this boat before. To say that some one does not owe his allegiance to his country of citizenship, since he/she is pursuing opportunities outside that country has no legal basis. If that was the case, all immigrants would be asylee's.

3. Expat US citizens can vote and generally speaking engage in any acitivity for the benefit of the country. Defending the constitution has nothing to do with being physically present here. Most people have never seen "the constitution:, few have read it and very few actually understand what it stands for.
 
djkenney said:
OK. So what if I take the job now, move to Mexico next month, and don't apply for my wifes citizenship until we get back in, say 2011. Does anyone know what kind of permissions she would need to leave for an extended period like that?
Click to expand...

She'll have to file for a permit to re-entry. I think it allows for a maximum of 2 yrs. Before you go down this path though, it might be a good idea to find how long does it take to naturalize in your city/district office. Some cities are very fast at it and some patience now could save headaches later.
 
Yes she needs to maintian US residency, so comming back for a visit every 6 months will not work. She needs to show proof she is still living in the US. Y

Yes you can get a re-entry permit, this however, will not save your current residency clock and in 2011 when you move back, she would then have to re-start her residency clock from the start. So she wouldn't be able to apply till 2014 or 2015 (what is it 3 yrs + a day or 4yrs + a day?).

Citizenship is different for everyone, in my case I got from the interview to the citizenship in 2 months, but the passport took 3. So that was 5 months before I could really go anywhere. You can try and get expediated passports that come sooner (3 weeks now I think), but again, you will have to wait till she becomes naturalized whenever that would be.


So your options are:
1) Move to Mexico now (get a re-entry permit good I think for up to 2 years), and apply in 2014 or 2015 if you move back to the US in 2011

2) Stay in the US until she gets her oath and passport and then move

3) You move to Mexico while she remains here in the US and she comes and visits you and you come to visit her from time to time

4) She gets a great job working for a US company that transfers her to Mexico (kind of hard to do) and apply for a N-470...
 
warlord said:
So your options are:
1) Move to Mexico now (get a re-entry permit good I think for up to 2 years), and apply in 2014 or 2015 if you move back to the US in 2011

2) Stay in the US until she gets her oath and passport and then move

3) You move to Mexico while she remains here in the US and she comes and visits you and you come to visit her from time to time

4) She gets a great job working for a US company that transfers her to Mexico (kind of hard to do) and apply for a N-470...
Click to expand...

Wait... you mean she can't apply for a N-470 based off of MY employment abroad by a US company?
 
You're playing with fire amigo ;)

I don't know much about N-470, but according to the instructions it seems a permanent resident applicant for this benefit can extend it to family members, but in this case you are the citizen, and might not be able to apply N-470 on behalf of your wife.

http://www.uscis.gov/files/form/N-470instr.pdf

Again, if at all possible you should try option 2 or 3. If you are lucky and live in a district that is fast she could get citizenship rather quickly.
 
You must log in or register to reply here.
Top