Vadood Etminan

I have recently found this newsgroup, and I now feel better when I see
many folks are going the same way as me and my USC fiancee. But things
are somehow more difficult for us because my USC fiancee has never
been to US, has no job there, and is not a fluent english speaker!
We currently are living in Iran. In fact her parents did not let her
leave unless whe marries and forms a family, and now that this is
done, she wants to move to US, but bringing the fiance is another
problem itself.
For now I wonder if the fact that she has been away from country for
20 years poses any problem. Also the fact that she has no job, means
that she may not be able to support me, and I do not know whether the
minimum income requirements (125% poverty line) are easy to fulfill if
she manages to quickly find a job or not.
I'll appreciate any advice. Thank you and good luck to all

Noorah101

Hi Vadood,

I'm sorry that I don't have more answers for your very interesting questions. I don't know how the USC might complete the paperwork without any ties to the USA. I'm assuming she was born elsewhere, to parents of which one was a USC? I think that would make her a USC without ever having been to the USA. Not sure, though. I believe the USC needs a valid USA address, though, for processing purposes...I don't think she can submit a petition for a fiance visa on your behalf from outside the USA. I'm sure someone will post who knows about that.

I do know that the USC does need to show income of a certain level according to certain guidelines. If she cannot sponsor you, she can get a co-sponsor who qualifies to help out. However, that co sponsor must also be a USC (or perhaps a permanent resident, not sure again).

Just wanted to let you know there are a couple of Iranian/American couples floating around this forum. My Iranian husband and I are one of them. Please let me know if I can help you answer any other questions.

Best Wishes,
Rene

Noorah101

Vadood....

Why are you pursuing a fiance visa, if the USC is already married and has a family? You would need a K-3 or other marriage-based visa for those already married. Not the fiance visa.

Rene

meauxna

As Rene mentions, the terms you are using are a bit confusing to us.

Fiance= promise to marry
Marry+Family= spouse/husband/wife

Have you married, or want to marry and then move?

Just Jenney

From the way he phrased it, it sounds like they are already married. He said:

We currently are living in Iran. In fact her parents did not let her leave unless whe marries and forms a family, and now that this is done, she wants to move to US, but bringing the fiance is another problem itself.

So really, he should be referring to her as his wife, not his fiancee.

Also, I think it's important to get clarification on how she acquired US citizenship in the first place. If she was born in the US, then she shouldn't have any problems. But if she acquired it through one or both parents, she might.

~ Jenney

Noorah101

I agree, Jenney. And, since he said she's NEVER been to the USA, it sounds like she acquired her citizenship through one or both parents, born outside the USA. I have no idea how they'd proceed with a marriage-based visa from here. They need to use an embassy outside of Iran, for sure...and I'm pretty sure Ankara does not do DCF for non-residents of Turkey.

Rene

Rete

That's what I was thinking as well. If her parent(s) were US Citizens wonder if they were able to retain their USC by living inside the US for certain years.

Rete

Noorah101

He said 2 different things here, too. One states she's never been to USA, and the other states that she was here once but now been away for 20 years. Which is it?

Rene

sphyrapicus

Why would it matter how she acquired USC? A USC is a USC regardless of how they obtained it. Confused...

SecretGarden

I believe that if you are not a natural born US citizen but a naturalized citizen, then the list of people for whom you can petition is limited. Is this correct?

~SecretGarden

Rete

Nope, not true.

The issue I believe (or is from my viewpoint) even if you have a USC parent, if that parent did not spend a certain length of time within the boundaries of the US during a point in the life, then they lose their US citizenship. The poster might think the wife is a USC when in reality they might not be.

Rete

SecretGarden

Grrr. There goes my reputation rating.

Seems to me that the OP has a rather complicated situation unfolding and we're all scrambling around trying to answer questions without adequate information! Ah well, makes for interesting discussion......

~SG

sphyrapicus

From Rich Wales web site: http://www.richw.org/dualcit/faq.html#moveabroad

Don't you lose your US citizenship if you move to another country with the intent of living there for an extended period of time?
No.

I used to think this was a totally off-the-wall question and that everyone knew the answer -- until I told people I was about to move to Canada, whereupon probably at least half a dozen of my friends asked me if this meant I would have to give up my US citizenship.

It was once the case that a naturalized US citizen could lose his citizenship by remaining outside the US for an extended period. However, this provision was invalidated by the Supreme Court in Schneider v. Rusk (1964) and was repealed by Congress in 1978.

More recently, a naturalized citizen could lose his citizenship by setting up a permanent residence abroad within one year following US naturalization. This provision was repealed by Congress in 1994, however, and no longer applies.

meauxna

Never heard that one... remember where you saw it?

Isn't it funny how we can have a conversation with someone who isn't here?

SecretGarden

Hiya Mo,
No, I have absolutely no idea where I saw it, and apparently I didn't at all!

Musta dreamed it.........anyway, that's why I said "Is that correct?" I really have to get more sleep.........

~SG