something not quite right?

Gator says on Nov 30, 2007, 12:11:

The prior case(asylum) should have automatically been terminated when the "new" I-551 was issued,

Why has he not applied for citizenship since being married to a US Citizen makes you
eligible after three years? If he has not received a Notice of Intent to Deny asylum petition one must assume there is no problem.

What was he told by INS?

Something smells here.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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lagringa says on Nov 30, 2007, 13:40:

Gator,

Not sure what he was told by INS. (said he received some type of notice - I'm not sure what.) I will find out this weekend.
Lots of vagueness & hurry - smells funny to me too.
Thank you for your response/input!

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Rikito says on Dec 1, 2007, 15:25:

Gator,

Would you tell me more about the three year thing you mentioned? I am an American married to a Colombian and now residing in Colombia on a pension visa. My wife live with me in the U.S, for three years before we came here. She had a 'temporary' permanent residence card in the US.

Thanks

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lpdiver says on Dec 2, 2007, 06:57:

Two years and nine months after receiving a green card you may file form N-400 for citizenship. There are very good reasons for the permanent resident and their spouse to do so.

I have a Swiss friend who choses to stay here as a permanent resident; because, he would have to renounce his Swiss citizenship. To do so would cause him financial loss.

I cannot think of a good reason for a Colombian citizen to not want to get their U.S. citizenship as well. The travel benefits of a U.S. passport alone are worth it.

Rikito...reading between the lines you are out of luck...depending on how long it has been since you guys relocated to Colombia.

My wife and I are waiting the three years for her citizenship prior to considering relocation to Colombia for these reasons.

t

"cook some rice!"

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Gator says on Dec 2, 2007, 08:18:

Rikito, I concur with Ipdiver.

1. Based upon what you posted USICE will likely assume she has abandoned her permanent residence and intends to live in Colombia.

2. If you lived in the USA and she received her I-551 status and did not make application to remove conditions by filing before the two-year period by filing an I-751 to remove conditional status the I-551 immediately becomes invalid. A two year Conditional Residency is granted to those who apply for Adjustment of Status based on marriage to a US Citizen. This two year period is suppose to help deter visa fraud and marriages of convenience. During the "conditional" period, she still has all the rights of a Permanent Resident. Her status as a permanent resident expires at the end of this two year period unless she filed for lifting of the conditional status. NO EXCEPTION.

If she did file the I-751 and the petition was granted the permanent residence status is no longer "conditional." BUT, If she as permanent resident alien who intended to remain out of the USA for more than a year she should have applied U.S. Immigration and Naturalization Service for Reentry Permit. If she is past the two-year period she can If the a returning Resident (SB-1) visa is refused on the grounds that she has given up his residence in the United States, it may or may not be possible to obtain a non immigrant visa, depending on whether she established a residence abroad to which he will return. If she cannot submit convincing evidence of compelling ties in the USA she may have to apply for an immigrant visa on the same basis by which she immigrated originally, if that is possible.

Based upon your information the Old West saying comes to mind: Her chances are slim and none and slim just rode out of town.

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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lpdiver says on Dec 2, 2007, 08:23:

That covers a lot of what I was thinking Gator!!! I am just too lazy to type paragraph after paragraph in reply. You and Juance alway give thourough and detailed replies...

...on another note...how bout dem tigers...squeaked another one out...jejeje

t

"cook some rice!"

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Rikito says on Dec 2, 2007, 13:58:

Ok, I appreciate the comments. But being a US citizen really isn't that big of a deal anyway. I am a US citizen and I do not see much in the way of benefits. There are some protections...if you need it, but the US is way over blown. I have live in several countires in the last 30 years namely, the UK, Saudi Arabia, Greece, Egypt, Gabon and Argentina. (I owrked for an oil company). They all have thier good side and bad side. (more of the bad side in Saudi...in fact it is all bad). If I could afford it, the UK or Italy would be a top vote getter. But Colombia would be up thier also if they could ever overcome thier incredible paranoia and bad drivers.

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lagringa says on Dec 3, 2007, 09:27:

Rukito,

Please elaborate on "incredible paranoia." I dated a Colombian who was very paranoid. I thought it was an individual thing. Is it cultural? What types of things or everything in general?

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Gator says on Dec 3, 2007, 15:12:

Gee! I guess 12.000.000 Mexicans must be nuts wanting that US Citizenship.
"Ok, I appreciate the comments. But being a US citizen really isn't that big of a deal anyway.

The closest US Embassy will be glad to let you formally renounce then no more problems."

"Credidi pretio parvo emere et magno vendere tibi in animo fuisse!" .

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