I am a U.S. citizen living abroad and I married a foreigner. Our wedding ceremony was in the U.S. Our marriages license is also from the U.S. However, we have not lived in the U.S. We live abroad. Is there a way to check if my spouse is applying for citizenship or green card behind my back?
I know there are residency requirements for citizenship or green card, but assume for the moment that this can be faked. My spouse has lived the U.S. before, during the time when my spouse was in school. My spouse has a U.S. driver's license and a history of living in the U.S. My spouse speaks perfect English. My spouse also has enough money to purchase a condo or house and just use that address as the U.S. residence address even though my spouse does not live there. I also know that the application probably requires my signature, but assume for the moment that that this can be forged. So is there a way to check?
2006-07-07
02:18:24
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13 answers
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asked by
Anonymous
in
Politics & Government
➔ Immigration
how would checking with the local U.S. Embassy help? we live abroad but if my spouse applied using a u.s. address claiming residency in the U.S. then everything would be handled domestically in the U.S., correct?
2006-07-07
02:33:50 ·
update #1
are you sure i can check with the immigration department? i'm envisioning calling the 800 number, go through some automated messages and be put on hold for 30 minutes. then when i finally get a live rep, the rep says we cannot give you the info for privacy reasons.
can i just submit a letter myself that says something like: "i have not sponsored my spouse , so if you have an application from my spouse, please contact me."
2006-07-07
02:37:56 ·
update #2
crazydeb16, would my spouse need to originals of all those documents? i know that my spouse travels to the u.s., so it's possible that my spouse could have brought copies to do the application. but if my spouse needs the originals, then i'm pretty sure they have not left my possession.
also, you said that i need to be physically present to do the interview. do 100% of applicants have to do an interview? and is it an absolute must that i, the person holdind u.s. citizenship, be there?
2006-07-07
03:17:05 ·
update #3
harry,
i am saying that if my spouse did apply, my spouse would have applied as a u.s. resident who is currently residing in the u.s. my spouse is not residing in the u.s., but if all the application needs is an address then my spouse has the financial means to buy a condo or house outright in the u.s. then my spouse can just use the address of the house to pretend to be living in the u.s. i know that the forms require my signatures, but if my signatures are forged and the immigration department never needs to correspond with me, how would they ever find out? and how would i ever find out?
it's not that i don't want my spouse to get it, but if my spouse is doing this behind my back then i definitely want to put a stop to it before everything is approved. i bet it's much easier for me to stop the application then try to get the immigration department to revoke a citizenship after it's already granted. besides, if my spouse never tells me, how would i ever know?
2006-07-07
05:38:47 ·
update #4
sleepy,
how would it be possible for my spouse to apply through the u.s. embassy in a foreign country where we currently reside? i thought that you needed to be living in the u.s. to get citizenship. if my spouse applied at a foreign embassy, then doesn't that prove that my spouse is not living in the u.s.?
also, the immigration guys at the airport only keep track of people entering the country, not the people leaving. when you enter the country, the airport immigration checks your passport. but when you leave the country, the only person who looks at your passport is the airline employee at check-in who is just checking that your name matches the ticket. i doubt the immigration department is so efficient that all the databases and dates are linked up. also, if the person is a dual citizen (like my spouse), the person can just enter the country using one passport and leave using the other. this way, it will appear that the person never left.
2006-07-07
05:54:47 ·
update #5
dognhorsemom,
my spouse and i currently live in the same place. if all my spouse needed to do was make photocopies of my passport, birth certificate, etc then my spouse does have access to that. so everything would be real except for my signatures. but how would the immigration department ever know that the signatures were forged if the immigration department never needs to correspond with me?
2006-07-07
06:05:15 ·
update #6
If you have suspicions like that this early in your marriage, you are 1. paranoid, 2. unsuitable marriage material and ought to do yourself and your wife a favor and get a no-fault divorce, 3. a very poor judge of women as suitable mates, 4. somewhat mentally disturned, or 5. a gold-digger who isn't seeing the money your wife has and won't share with you and you are angry about this.
I don't think you ought to waste your time on checking up on your wife because once this is settled you will only find something new to "check up on". Do yourself and her a favor and bring up the idea of getting a divorce at once. And, frankly, I don't think you ougth ever marry again.
2006-07-13 23:35:47
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answer #1
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answered by Anonymous
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Based on my own experience and I am not an emigration expert. I am surprised they did not give you any information over the phone because if your wife forged the application she had to make it look like you are the applicant. You (US citizen) petition for your wife, your signature is required on the application.
If you suspect she applied in the US, in 100% cases both of you have to be present at the interview that is their way of checking if the marriage is for real. This is the case in the US.
I heard that if you apply from overseas it is a lot easier and faster to get a green card. I would recommend calling your American embassy.
Residency requirement depends on when she enters or leaves the borders. I am not sure if the fact that she owns a house here satisfies the residency requirement. The borders officers will record when she enters and leaves the states and how much time she stays in the states.
You cannot apply for the US citizenship unless you have been a permanent resident (green card holder) for at least 3 years and married to the same US citizen for 3 years and resided in the US for at least 17(as far as I remember) months .
2006-07-07 12:30:37
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answer #2
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answered by Sleepy 1
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If your spouse is applying for a K-visa with you as his/her sponsor, then yes, you would have to have petitioned for him/her. That means that both of your passports, your marriage license, etc. would have to be shown---original copies. And yes, both of you would have to show up at the interview.
If someone else is sponsoring him/her, say another relative, then your records count only as proof of marriage and household income.
You can contact Homeland Security, as they are now handling all petitions for immigration visas, in the US Embassy in the country where you live in or in the USA.
If he/she has used your documents, then I would think that the folks at the immigration office would check for authenticity, especially since you aren't the one sponsoring him. I don't think it's common for a spouse not to sponsor the husband/wife. That would certainly throw up some kind of a red flag in the process.
BTW: The US doesn't recognize dual citizenship, so he/she would have to show an up-to-date US visa (tourist or otherwise) to gain entry in the US if he/she were not a citizen and he/she is travelling through legal channels.
2006-07-20 14:04:56
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answer #3
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answered by Gigi 3
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you could try to check, but going through the system myself.... my husband sponsored me.... she would really have to be manipulative to do that.... unless she slipt through the cracks..... she can always submit an application, but she needs you (unless she is doing it through some other method) to do certain things: she would need a job letter from you, she would need to have done a medical.... which you may have noticed because she would have had a TB test done, and that may leave a mark, you need to sign the forms, she needs your birth certificate, proof of citizenships, and passport/driver's license etc, but most of all if she gets an appointment for an interview, you have to go w/ her or they throw out her case....but if you really believe she did this.... call them up... the US is glab to know about fraids (I hope), it saves them time....
But, you seem to have trust issues with her.... I wish you luck and be careful....
To answer your new questions.... it is almost 100% certain you need to be there for the interview unless she filed it differently, meaning not a using you to get it, but maybe using you as the reason for her stability, the person who is the sponsor in the case of spouses, they must be present, only if you claims and has proof of abuse or if you died could she go without you..... and unless she know people who would give her fake notarized copies of all your documents.... she can't use them..... however.... i am not saying she has not tried it.... and she could fall through the cracks.... i am surprised the immigration people are not more interested in what you have to say.... try writing them....but I hope things work out! Try writing a letter, make sure you track it if possible to make sure they get it.....
2006-07-07 10:04:58
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answer #4
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answered by crazydeb16 5
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If your spouse did apply w/o you, it would be very difficult to go through the process. Because they would have to submit a copy of your birth certificate, us passport, or something showing proof of your status. Also photos of you, YOU WOULD have to show up for the interview with them as well, since it would be based on a family petition. So you would have to show background of your marriage (validity (real marriage)) not just based to get a greencard. Joint taxes as well. Sometimes they want wedding photos and if you get a hard nosed Officer, much, much more.
It's hard to find out anything w/o a receipt # or an A #. And yes, that 800# is death waiting for you.
But, it will be pretty hard for your spouse to pull off. If he/she did, that would be purgery and they will be deported and banned up to 5 to 10 years from entering the US.
good luck.
2006-07-20 20:27:18
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answer #5
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answered by Dezec 2
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Do it the easy way. Just tell her - "Honey I want you to get your U.S. citizenship. Then go to the nearest U.S. Embassy and start the process. If your spouse has started something somewhere else, the dual applications will lock up in the system. You need not worry about doing detective work.
If your spouse ends up with two citizenships you can write a book.
2006-07-16 23:26:18
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answer #6
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answered by Tommy 6
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Anyone seeking permanenet residency in the USA has to have a sponser, relative or employer. He can not marry you and then apply without you knowing. You would have to fill out the I-130 on his behalf. You would be the petitioner. There is also a G-325A Biographical Information, that you and he would be required to fill out. The interview is for him, not you. You are not required to be there, if he did apply for citizenship. The interview would be at the embassy where you live abroad.
Just curious. Why would you be opposed to him applying?
2006-07-07 11:26:06
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answer #7
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answered by harryt62 4
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Unless you petitioned for him or her, your spouse cannot apply for an immigrant visa, which would eventually lead to a green card and then citizenship. Of course he or she could buy fake documents, but to get the real thing, you would know about it.
Here is how it all works: you would have to be a very active participant in the process: http://www.travel.state.gov/visa/immigrants/types/types_1316.html
2006-07-07 12:56:08
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answer #8
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answered by dognhorsemom 7
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Why would you want to deny your spouse the benefit of a US citizenship?
Do you love her?
When you have answered these questions, I might help you.
2006-07-17 04:05:24
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answer #9
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answered by Anonymous
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wow sounds like you ahve some serious trust issues, you might want to check that out too! Sounds like your hubby is deviate, You can check with the Department of Immigration and they should be able to help you. best of luck, I hate liar's...i hope hes not doing this to you!
2006-07-07 09:24:03
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answer #10
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answered by mattinfla 3
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