Is my wife legal?
Jul 16th 2007, 12:31 pm
#1
Guest
Posts: n/a
Is my wife legal?
I and my parnets are US citizens. My Wife was born in Germany in 1967 her
parents moved here (US) with her when she was 5 months old. She does not
speak a word of German or even have an recollections of Germany. Her
parents have since died so we can not ask them these questions.
My wife has a bluish green card with a picture of her as a 5 month old that
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
We got to wondering what her actual status here was when we started talking
about leaving the US for a trip next year on our 20th wedding anniversary
and someone told us she would need a German Passport to get back in. We got
somewhat nervous at this point because my wife has never had any contact
with any immigration department or anything and does not know for sure what
her status here is.
What should we do? We would really like to take a trip but at the same time
I do not want to risk someone showing up and saying she has to go back to
Germany as she is here illegal. She would be majorly screwed if that
happened. How would she get by in a country where she does not know anyone
or even the language. All of this to say nothing of the fact that if an
imagration officer tried to take her away from our child that was born here
I would hate to be that guy.
Opinions?
Joe
parents moved here (US) with her when she was 5 months old. She does not
speak a word of German or even have an recollections of Germany. Her
parents have since died so we can not ask them these questions.
My wife has a bluish green card with a picture of her as a 5 month old that
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
We got to wondering what her actual status here was when we started talking
about leaving the US for a trip next year on our 20th wedding anniversary
and someone told us she would need a German Passport to get back in. We got
somewhat nervous at this point because my wife has never had any contact
with any immigration department or anything and does not know for sure what
her status here is.
What should we do? We would really like to take a trip but at the same time
I do not want to risk someone showing up and saying she has to go back to
Germany as she is here illegal. She would be majorly screwed if that
happened. How would she get by in a country where she does not know anyone
or even the language. All of this to say nothing of the fact that if an
imagration officer tried to take her away from our child that was born here
I would hate to be that guy.
Opinions?
Joe
Jul 16th 2007, 1:34 pm
#2
Account Closed
Joined: Mar 2004
Posts: 2
Re: Is my wife legal?
First things first, she has to leave the US, and for that she needs her Passport, in this case a German one as that is her nationality.
Sounds like she is a Permanent Resident of the US, she should have renewed her Green Card, she should do that now. She needs it to show her status and gain entry to the US.
Might want to consider naturalising, she may have issues retaining her German Citizenship. Germany has some odd rules about dual citizenship.
Your daughter may also be a German Citizen, might be something worth looking into. I presume your daughter was born in the US and is a US Citizen, so Immigration would have no issues with her.
Sounds like she is a Permanent Resident of the US, she should have renewed her Green Card, she should do that now. She needs it to show her status and gain entry to the US.
Might want to consider naturalising, she may have issues retaining her German Citizenship. Germany has some odd rules about dual citizenship.
Your daughter may also be a German Citizen, might be something worth looking into. I presume your daughter was born in the US and is a US Citizen, so Immigration would have no issues with her.
Last edited by scrubbedexpat099; Jul 16th 2007 at 1:36 pm.
Jul 16th 2007, 1:54 pm
#3
Guest
Posts: n/a
Re: Is my wife legal?
"Just Joe" <not given @bogus.com> wrote in message
news:[email protected].. .
|I and my parnets are US citizens. My Wife was born in Germany in 1967 her
| parents moved here (US) with her when she was 5 months old. She does not
| speak a word of German or even have an recollections of Germany. Her
| parents have since died so we can not ask them these questions.
|
| My wife has a bluish green card with a picture of her as a 5 month old
that
| is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and
a
| passport from when she was about 4-5 years old that says Childs travel
| documents. She also has a Social Security Card and drivers license that
are
| current.
|
| We got to wondering what her actual status here was when we started
talking
| about leaving the US for a trip next year on our 20th wedding anniversary
| and someone told us she would need a German Passport to get back in. We
got
| somewhat nervous at this point because my wife has never had any contact
| with any immigration department or anything and does not know for sure
what
| her status here is.
|
| What should we do? We would really like to take a trip but at the same
time
| I do not want to risk someone showing up and saying she has to go back to
| Germany as she is here illegal. She would be majorly screwed if that
| happened. How would she get by in a country where she does not know anyone
| or even the language. All of this to say nothing of the fact that if an
| imagration officer tried to take her away from our child that was born
here
| I would hate to be that guy.
|
| Opinions?
|
| Joe
|
From what you are saying it appears that your wife was granted LPR status
and had a "green card". However, that card that she was issued as a child is
an obsolete version of the green card as we know of today. Had she (or her
parents) followed the law she would have renewed that card when she turned
14 years old and/or replaced the card when the new version was announced to
phase out the obsolete card (that she still has).
Not renewing the card as per law is a violation but it is seldom (as with
many aspects about immigration laws) enforced in actual practice. Whether or
not they're going to do something about it in your wife's case in a form of
fine or whatever I cannot really tell you.
What she needs to do now is file for I-90 ASAP to renew her green card so
that she could be issued the proper version and would not have much problem
when she tries to return to the US.
news:[email protected].. .
|I and my parnets are US citizens. My Wife was born in Germany in 1967 her
| parents moved here (US) with her when she was 5 months old. She does not
| speak a word of German or even have an recollections of Germany. Her
| parents have since died so we can not ask them these questions.
|
| My wife has a bluish green card with a picture of her as a 5 month old
that
| is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and
a
| passport from when she was about 4-5 years old that says Childs travel
| documents. She also has a Social Security Card and drivers license that
are
| current.
|
| We got to wondering what her actual status here was when we started
talking
| about leaving the US for a trip next year on our 20th wedding anniversary
| and someone told us she would need a German Passport to get back in. We
got
| somewhat nervous at this point because my wife has never had any contact
| with any immigration department or anything and does not know for sure
what
| her status here is.
|
| What should we do? We would really like to take a trip but at the same
time
| I do not want to risk someone showing up and saying she has to go back to
| Germany as she is here illegal. She would be majorly screwed if that
| happened. How would she get by in a country where she does not know anyone
| or even the language. All of this to say nothing of the fact that if an
| imagration officer tried to take her away from our child that was born
here
| I would hate to be that guy.
|
| Opinions?
|
| Joe
|
From what you are saying it appears that your wife was granted LPR status
and had a "green card". However, that card that she was issued as a child is
an obsolete version of the green card as we know of today. Had she (or her
parents) followed the law she would have renewed that card when she turned
14 years old and/or replaced the card when the new version was announced to
phase out the obsolete card (that she still has).
Not renewing the card as per law is a violation but it is seldom (as with
many aspects about immigration laws) enforced in actual practice. Whether or
not they're going to do something about it in your wife's case in a form of
fine or whatever I cannot really tell you.
What she needs to do now is file for I-90 ASAP to renew her green card so
that she could be issued the proper version and would not have much problem
when she tries to return to the US.
Jul 16th 2007, 2:20 pm
#4
Guest
Posts: n/a
Re: Is my wife legal?
Boiler wrote on 07/16/07 18:34:
>
> First things first, she has to leave the US, and for that she needs her
> Passport, in this case a German one as that is her nationality.
Before doing anything, they should consult with a good immigration lawyer.
In particular, they should not travel abroad until this is sorted out.
> Sounds like she is a Permanent Resident of the US, she should have
> renewed her Green Card, she should do that now. She needs it to show her
> status and gain entry to the US.
>
> Might want to consider naturalising, she may have issues retaining her
> German Citizenship. Germany has some odd rules about dual citizenship.
Not overly complicated. A German citizen taking up another citizenship
automatically loses German citizenship, unless the person has a valid
"Beibehaltungsgenehmigung" at the time of getting the new citizenship.
See
http://www.germany.info/relaunch/inf...uergerung.html
> Your daughter may also be a German Citizen, might be something worth
> looking into.
She could be a dual citizen by birth.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
>
> First things first, she has to leave the US, and for that she needs her
> Passport, in this case a German one as that is her nationality.
Before doing anything, they should consult with a good immigration lawyer.
In particular, they should not travel abroad until this is sorted out.
> Sounds like she is a Permanent Resident of the US, she should have
> renewed her Green Card, she should do that now. She needs it to show her
> status and gain entry to the US.
>
> Might want to consider naturalising, she may have issues retaining her
> German Citizenship. Germany has some odd rules about dual citizenship.
Not overly complicated. A German citizen taking up another citizenship
automatically loses German citizenship, unless the person has a valid
"Beibehaltungsgenehmigung" at the time of getting the new citizenship.
See
http://www.germany.info/relaunch/inf...uergerung.html
> Your daughter may also be a German Citizen, might be something worth
> looking into.
She could be a dual citizen by birth.
--
I am not a lawyer.
For reliable advice, consult a competent immigration attorney.
Jul 16th 2007, 4:14 pm
#5
Account Closed
Joined: Mar 2004
Posts: 2
Re: Is my wife legal?
"Beibehaltungsgenehmigung"
That was it, on the tip of my tongue.
We can actually do one better - Llanfairpwllgwyngyllgogerychwyrndrobwllllantysilio gogogoch.
That was it, on the tip of my tongue.
We can actually do one better - Llanfairpwllgwyngyllgogerychwyrndrobwllllantysilio gogogoch.
Jul 16th 2007, 5:16 pm
#6
Joined: Mar 2003
Posts: 68,280
Re: Is my wife legal?
This card I suspect.....
http://www.usborderpatrol.com/Border_Patrol1712_3.htm
http://www.usborderpatrol.com/Border_Patrol1712_3.htm
Jul 16th 2007, 6:10 pm
#7
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Is my wife legal?
My wife has a bluish green card with a picture of her as a 5 month old that
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
It is possible to obtain *your own* original SS-5 (application for social security number) and to obtain any deceased person's SS-5 (her parents) to see if there are any more clues.
Jul 17th 2007, 1:42 am
#8
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Is my wife legal?
Your wife entered the US from Germany, as I did, at the age of 5 months. I entered with a USC father and became a USC immediately upon registration of my birth 5 months after the fact. Your wife is not in the same category since both her parents are German and entered the US as German Citizens.
What your wife needs to do is to ascertain if her parents at some point became US Citizens. If they had then she needs to determine if she also became a US citizen based on their naturalization. If not, then she can apply for US naturalization now. Unless she had lived outside of the US for a year or more at some point in her life, then she is still a legal permanent resident of the US and is qualified to naturalize. Depending on where you live, she might be able to naturalize within the year before your 20th anniversary trip.
She needs to apply for a new green card with an updated photo via the filing of form I-90 (the fee is going up July 30) so she might want to do it before then. She can leave the US if her status is still LPR for a vacation outside of the US border with her green card.
One caveat is that she has NEVER DECLARED HERSELF A US CITIZEN, has never voted in a US election, etc. If she has done any of those things, then she has a very large problem.
I strongly suggest that you and your wife, at minimum, consult with an immigration attorney to determine what her steps should be to acquire naturalization and what her legal status might be, i.e. US citizen or legal permanent resident.
What your wife needs to do is to ascertain if her parents at some point became US Citizens. If they had then she needs to determine if she also became a US citizen based on their naturalization. If not, then she can apply for US naturalization now. Unless she had lived outside of the US for a year or more at some point in her life, then she is still a legal permanent resident of the US and is qualified to naturalize. Depending on where you live, she might be able to naturalize within the year before your 20th anniversary trip.
She needs to apply for a new green card with an updated photo via the filing of form I-90 (the fee is going up July 30) so she might want to do it before then. She can leave the US if her status is still LPR for a vacation outside of the US border with her green card.
One caveat is that she has NEVER DECLARED HERSELF A US CITIZEN, has never voted in a US election, etc. If she has done any of those things, then she has a very large problem.
I strongly suggest that you and your wife, at minimum, consult with an immigration attorney to determine what her steps should be to acquire naturalization and what her legal status might be, i.e. US citizen or legal permanent resident.
I and my parnets are US citizens. My Wife was born in Germany in 1967 her
parents moved here (US) with her when she was 5 months old. She does not
speak a word of German or even have an recollections of Germany. Her
parents have since died so we can not ask them these questions.
My wife has a bluish green card with a picture of her as a 5 month old that
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
We got to wondering what her actual status here was when we started talking
about leaving the US for a trip next year on our 20th wedding anniversary
and someone told us she would need a German Passport to get back in. We got
somewhat nervous at this point because my wife has never had any contact
with any immigration department or anything and does not know for sure what
her status here is.
What should we do? We would really like to take a trip but at the same time
I do not want to risk someone showing up and saying she has to go back to
Germany as she is here illegal. She would be majorly screwed if that
happened. How would she get by in a country where she does not know anyone
or even the language. All of this to say nothing of the fact that if an
imagration officer tried to take her away from our child that was born here
I would hate to be that guy.
Opinions?
Joe
parents moved here (US) with her when she was 5 months old. She does not
speak a word of German or even have an recollections of Germany. Her
parents have since died so we can not ask them these questions.
My wife has a bluish green card with a picture of her as a 5 month old that
is called an alien registration receipt card, Form 1-151 Rev 9-1-65, and a
passport from when she was about 4-5 years old that says Childs travel
documents. She also has a Social Security Card and drivers license that are
current.
We got to wondering what her actual status here was when we started talking
about leaving the US for a trip next year on our 20th wedding anniversary
and someone told us she would need a German Passport to get back in. We got
somewhat nervous at this point because my wife has never had any contact
with any immigration department or anything and does not know for sure what
her status here is.
What should we do? We would really like to take a trip but at the same time
I do not want to risk someone showing up and saying she has to go back to
Germany as she is here illegal. She would be majorly screwed if that
happened. How would she get by in a country where she does not know anyone
or even the language. All of this to say nothing of the fact that if an
imagration officer tried to take her away from our child that was born here
I would hate to be that guy.
Opinions?
Joe
Last edited by Rete; Jul 17th 2007 at 1:48 am.
Jul 17th 2007, 1:43 am
#9
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Is my wife legal?
Sounds like she is a Permanent Resident of the US, she should have renewed her Green Card, she should do that now. She needs it to show her status and gain entry to the US.
Might want to consider naturalising, she may have issues retaining her German Citizenship. Germany has some odd rules about dual citizenship.
Your daughter may also be a German Citizen, might be something worth looking into. I presume your daughter was born in the US and is a US Citizen, so Immigration would have no issues with her.
Might want to consider naturalising, she may have issues retaining her German Citizenship. Germany has some odd rules about dual citizenship.
Your daughter may also be a German Citizen, might be something worth looking into. I presume your daughter was born in the US and is a US Citizen, so Immigration would have no issues with her.
Jul 17th 2007, 1:46 am
#10
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Is my wife legal?
She did not have to show anything to obtain a social security card. You are forgetting the woman is 35+ (married 19 years) and back then you were able to just walk into the SSA and apply for and receive a social security card.
Jul 17th 2007, 3:01 am
#11
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Is my wife legal?
http://www.rootdig.com/ss5/
Also, naturalization records can obtained through a FOIA:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Jul 17th 2007, 3:14 am
#12
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Is my wife legal?
I'm 40. When I applied I had to supply my birth cert. Everyone has always had to state where they were born. Here's an ancient form:
http://www.rootdig.com/ss5/
Also, naturalization records can obtained through a FOIA:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
http://www.rootdig.com/ss5/
Also, naturalization records can obtained through a FOIA:
http://www.uscis.gov/portal/site/usc...0045f3d6a1RCRD
Of course you need a birth certificate but back in the 60's you did not need a visa to obtain a social security number. I know that first hand from my Brit friend, Jackie, who had a ssn issued in 1967 without a visa before she married her USC husband. After their marriage they returned to the UK and got her Immediate Relative Visa in two weeks after applying. Times have changed.
Jul 17th 2007, 3:17 am
#13
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Is my wife legal?
Of course mdyoung might be able to shed some light on application questions and requirements for the different epochs.
Jul 17th 2007, 3:37 am
#14
Concierge
Joined: Apr 2001
Posts: 46,482
Re: Is my wife legal?
If the OP's wife was born ca 1967 (as was I) she would not have had a need for an SSN until she was eligible to work ca 1983 unless she got one for immigration purposes. (Only in the 90s were children required to have SSNs in order to claim them as tax exemptions.) If she doesn't remember when and how she got her SSN, her original filing as well as that of her parents MIGHT show something, and the requests for the SS-5s as well as a naturalization records check are not expensive (total for the SS-5s about $75 for three).
Of course mdyoung might be able to shed some light on application questions and requirements for the different epochs.
Of course mdyoung might be able to shed some light on application questions and requirements for the different epochs.
Anyway I had a social security card when I was 6 years old for banking purposes. At that time you had a savings account setup through a bank and you put in a dollar or so a week. It was setup through the school in conjunction with the local savings and loan bank to teach child the value of saving.
Why bother with the FOIA? Just file the I-90 for the new green card. If it is denied because she is a US citizen, then she has to file an N-600 for the certificate so that she can get a US Passport as she needs proof for the passport. If it is not denied, she will get her new green card and be all set.
Jul 17th 2007, 3:41 am
#15
Lapine Member
Joined: Nov 2004
Location: Austin, Texas in my own little world
Posts: 21,691
Re: Is my wife legal?
Why bother with the FOIA? Just file the I-90 for the new green card. If it is denied because she is a US citizen, then she has to file an N-600 for the certificate so that she can get a US Passport as she needs proof for the passport. If it is not denied, she will get her new green card and be all set.
