So i am in Atlanta so i will be filing for my citizenship next year but i am worried that my wife status might be an issue when i file the application.My background is the following:I married my first wife in the year 2000 and she filed for my GC i had to wait for almost 5 years before i had the visa available for me she wasn't a US citizen i adjusted trough the 245i back in that year.In 2005 and had the immigration interview we lost a baby and everything just went bad from there we got distant and separated for while then got back just for a short time in 2007 they finally issued my GC and in 2008 she file for divorce i know she was seeing someone and i started seeing someone too.In 2009 i married my wife and she has no status in the country her mom got her here illegaly when she was still a minor.I want to apply for citizenship in order for me to be able to fix this issue..I know she will have to go out of the country to start a waiver process.But now i'm worried that my wife status might have a bad effect on the application and also do you think that i will have any issue about my other marriage ? she was the one to ask for a divorce not me. Is it true that because my wife have no status they might go back to my old marriage ? Thanks for the help.
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Ready to file for citizenship but i have a problem...can someone help please?
- Thread starter Itguy28
- Start date
anxiouscdn2
Registered Users (C)
Just to be clear, your GC was issued in 2007 and you plan to file for citizenship next year (2012), not now. That part sounds OK -- you'll be filing under the 5 year rule, not the 3 year rule. (People might easily read your post and think you're planning to file this year, which would be too soon).
About your other concerns, I don't know, but others here likely will.
About your other concerns, I don't know, but others here likely will.
Yes that is what i meant i will send the application 90 days in advance but i am worried about my wife status and my previous marriage.
When you got your greencard, your marriage was over 2 years old and you got a full 10 year card, right? You got married in 2000, she filed I-130 in 2000, you filed I-485 (245(i)) in 2005. What is your greencard code and your resident since date ADM/ADJ date on your card?
As for your current (2nd?) wife, she is here illegally now and came here as a child. HOW EXACTLY did she enter the U.S. in the first place and when? Did she overstay a visa or BCC or run through the desert or get smuggled in the trunk of a car or swim or what???? Did anyone ever file an immigrant petition for her or one of her parents? If yes, when?
What happened with her mother, did she get status somehow? How about her dad?
Yes i got a 10 year GC..as for my wife she's the only one in her family in this situation because of her mother.Everyone else have their GC or are USC .She came here 12 years ago i have never really ask her how she got here it's not a subject that she likes to talk about she feels ashame about it and it wasn't her fault.But i know it's without inspection...her mother had some papers in since the 1990's but i don't know what exactly .Her dad doesn't reside in the US but he comes visit often on a visa.
she needs to check for...
After you naturalize, she can file for I-485 IF she made a LEGAL entry--overstayed a tourist visa or something.
Even IF EWI, IF something was filed way back before 4/30/1, where she could be a derivative or dependent, she could file for 245(i). You need to find out those details.
Yes i got a 10 year GC..as for my wife she's the only one in her family in this situation because of her mother.Everyone else have their GC or are USC .She came here 12 years ago i have never really ask her how she got here it's not a subject that she likes to talk about she feels ashame about it and it wasn't her fault.But i know it's without inspection...her mother had some papers in since the 1990's but i don't know what exactly .Her dad doesn't reside in the US but he comes visit often on a visa.
After you naturalize, she can file for I-485 IF she made a LEGAL entry--overstayed a tourist visa or something.
Even IF EWI, IF something was filed way back before 4/30/1, where she could be a derivative or dependent, she could file for 245(i). You need to find out those details.
Thank you for the answer...do you think her status might be an issue ?I mean for the good moral character? I didn't have nothing do with her coming here that way and we are trying to fix this..I will ask her mom about everything she has in file.
Technically, your wife's current status or lack thereof should not affect your own N-400 application. However, while processing your N-400, USCIS will review your green card application and your first marriage to make sure that that marriage was intact at the time your I-485 was approved.
Additionally, on the N-400 you will need to provide the info about your current spouse and there is a question there about the spouse's current immigration status. If she is still in the U.S. at the time you file your N-400, you will need to disclose the fact that she is present in the U.S. illegally. In theory, this does present some degree of risk for her, although I don't know how likely it is that the USCIS might decide to go after her and try to initiate the removal proceedings in a case like this. Still, you might want to consult an immigration attorney before filing your N-400, to better understand the risks.
Jackolantern
Registered Users (C)
She came here 12 years ago i have never really ask her how she got here it's not a subject that she likes to talk about she feels ashame about it and it wasn't her fault.But i know it's without inspection...her mother had some papers in since the 1990's but i don't know what exactly .
Staying silent because of shame will ultimately get her deported. You will need to get her to talk about it and provide those papers if she's going to have a chance at legalizing her status. Gather all the documents and arrange a one-hour attorney consultation with you, your wife, and her mother all in the same room to discuss what her possibilities are, including 245(i).
Staying silent because of shame will ultimately get her deported. You will need to get her to talk about it and provide those papers if she's going to have a chance at legalizing her status. Gather all the documents and arrange a one-hour attorney consultation with you, your wife, and her mother all in the same room to discuss what her possibilities are, including 245(i).
Right, 245(i) might be a possibility here, depending on the particulars. It is also important to find out exactly what the story is with the mother of the OP's wife. If there was an immigration petition (I-130 or I-140) filed for the mother before April 30, 2001, the OP's wife might qualify for 245(i) as a derivative beneficiary.
Al Southner
Registered Users (C)
Thank you for the answer...do you think her status might be an issue ?I mean for the good moral character? I didn't have nothing do with her coming here that way and we are trying to fix this..I will ask her mom about everything she has in file.
Your wife immigration status won't have any bearing on your case. Also, at the interview, just don't delve into this issue(wife immigration status) and should the officer bring it up (highly unlikely), just indicate ignore it and indicate you are the candidate applying for naturalization, not your spouse. You need to know full details of how your wife entered the country, unless you plan to live in the US without her. Full disclosure with you is an absolute requirement to know how to petition for her, shame won't solve her immigration status.
Thanks Everyone..i will go to a lawyer with my wife and talk about this issue.Can you please tell me if i really need to have the last five years of tax transcript for my interview ?Also in my first marriage there was a time where we were separated not legally but just having issues before i had my green card then in 2008 we got divorced.Someone told that separation has no effect on my immigration status because it wasn't court ordered one after i got the 10 year green card and after 8 years being married we decided to go our separate ways.Will me getting married in 2009 be an issue ?I mean i got divorce at the begining of 08 and got married again in march 2009 .What do you guys think?