What will happen after applying for citizenship? 2 Answers as of May 05, 2011

I moved in usa with my husband and children after getting a green card as a family. I lived there for a year, but for economical reason I decided to go back to my country of origin. I am four year now away and he never supported me or children, but my husband is now asking me to send him a proof that he supported children. If I send him this proof which is incorrect, can the children be included in his application for citizenship? He said that he declared children out of the country and he continues to pay health insurance (what for I don't know). Please what are children's right and my rights in this meter and what is best for me to do. Children are 15 and 17 years old. Please could you answer me as soon as possible as he is now putting a presser for me to send this documents URGENTLY and the time for him is important, I am afraid that if I send this, he will divorce me and I will not have any legal right to ask for support and that he will not ask for the children as he is not in contact with them for all this time but now that he need us. Please help me.

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World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
I think that he is trying to get automatic citizenship for the children with his own citizenship. It sounds to me like he declared them in his application and he is trying to show that he meets the requirements of the Child Citizenship Act: that his children are under the age of 18 and (normally) residing in the US (but now temporarily out of country) in the legal and physical custody of the U.S. citizen parent based on a lawful admission for permanent residence. So, your children will become USC as of the day he does. But still, there are issues with this scenario if you have not been back to the US with the children in the 4 years that you have been out. You would normally lose your green card. I think that the best thing to do is to ask him directly why he needs all this things now, knowing that he will be compelling you to commit perjury since most of what you are going to declare will not be true. I am sorry, but I do not feel I have enough of a handle to opine seriously on your plight. Get some answers though. Good luck!
Answer Applies to: California
Replied: 5/5/2011
Calderón Seguin PLC
Calderón Seguin PLC | Ofelia L. Calderon
I can't say what this means for your marriage, but you can only tell the truth. If he has not been providing child support, then you don't need to say so. Saying he supports them does not give them any status. He would have to file a separate petition for them. I don't see how sending him a false declaration helps you get support in the future.
Answer Applies to: Virginia
Replied: 5/4/2011
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