GC married illegal spouse (N400 application forms question)

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philly007

Registered Users (C)
Hello,

Please advise on the following forms if the spouse overstayed on Visa (entered legally though).

1. On N-400 what shall I put for spouse:

Spouse Immigration Status: (Other)? Do I have to mention this status at all in N-400 or just ignore this question? Ig I have to ignore shall I also ingore spouse's SS# and home address (what information goes there?)

2. Shall I also fill out I-130 for spouse? or just wait for N-400 to be approved?

Please advise...:confused:

Thank you
 
Put down information about your spouse. If you don't they will consider it witholding information and will deem it bad moral character.
Since you are applying based on the 5 year rule, they may not place precedence over your husband's status...
 
philly007 said:
Hello,

Please advise on the following forms if the spouse overstayed on Visa (entered legally though).

1. On N-400 what shall I put for spouse:

Spouse Immigration Status: (Other)? Do I have to mention this status at all in N-400 or just ignore this question? Ig I have to ignore shall I also ingore spouse's SS# and home address (what information goes there?)

2. Shall I also fill out I-130 for spouse? or just wait for N-400 to be approved?

Please advise...:confused:

Thank you
Click to expand...

It will be easier to file the I-130 once you are a USC but you can file it now and upgrade it later.
 
philly007 said:
Hello,

Please advise on the following forms if the spouse overstayed on Visa (entered legally though).

1. On N-400 what shall I put for spouse:

Spouse Immigration Status: (Other)? Do I have to mention this status at all in N-400 or just ignore this question? Ig I have to ignore shall I also ingore spouse's SS# and home address (what information goes there?)

2. Shall I also fill out I-130 for spouse? or just wait for N-400 to be approved?

Please advise...:confused:

Thank you
Click to expand...

The law is a little bit hairy on this one: Aiding, abetting, harboring, encouraging illegal alien is a felony !

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment .....

To establish good moral character, the IO will ask you the following Q ?

Have you ever committed a crime or offense for which you were not arrested?

You have to think how you answer this, because it could be used against you !
 
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Put "other" and I know they won't question you about that because a citizenship interview is about you. Even if they want to play hardball and query you about it just be candid and explain that your spouse made the decision to overstay by himself/herself. There are several threads here that answered that question.
 
Yes, think about what your answer will be.

One of my inlaws' was married to an illegal. He came illegally, and she met him here.
She filled out his information. At the interview, they tried to use that against her. First they asked if she had ever helped an illegal, when she said no, the officer proceeded to question her about her husband's illegal status. She told them, she never helped him, other than her marrying him, after he was here illegally, as previously noted, it was his decision alone.
She's been naturalized for a couple years now.:)
 
Listen, you are not commiting any crime. And you are not aiding, abetting, harboring and encouraging any illegal alien or aliens.

This is your spouse we are talking about. He/She is not a fugitive. You are married to her/him. Don't you let anybody tell you otherwise and especially if that someone works for the federal govt. It would show "disrespect" with you and it will be cause for you to file a lawsuit, and that person at the end would be fired from their job. All they need to do is ask and all you have to do and say thay "you are married to her/him and that he/she holds a visa if that is the case or that she/he comes from a visa waiver country"

And you are not and you have not commited any crime by marrying anyone despite their legal status. All the requirements are well expressed at the city hall where you got married and none of them say " Is anyone of you gettting married an illegal alien OR are you out of legal status bcs if you are then you can't marry"

Advising with fear is not advising at all. We are here to help.-


philly007 said:
Hello,

Please advise on the following forms if the spouse overstayed on Visa (entered legally though).

1. On N-400 what shall I put for spouse:

Spouse Immigration Status: (Other)? Do I have to mention this status at all in N-400 or just ignore this question? Ig I have to ignore shall I also ingore spouse's SS# and home address (what information goes there?)

2. Shall I also fill out I-130 for spouse? or just wait for N-400 to be approved?

Please advise...:confused:

Thank you
Click to expand...
 
Last edited by a moderator:
rick92 said:
Listen, you are not commiting any crime. And you are not aiding, abetting, harboring and encouraging any illegal alien or aliens.

This is your spouse we are talking about. He/She is not a fugitive. You are married to her/him. Don't you let anybody tell you otherwise and especially if that someone works for the federal govt. It would show "disrespect" with you and it will be cause for you to file a lawsuit, and that person at the end would be fired from their job. All they need to do is ask and all you have to do and say thay "you are married to her/him and that he/she holds a visa if that is the case or that she/he comes from a visa waiver country"

And you are not and you have not commited any crime by marrying anyone despite their legal status. All the requirements are well expressed at the city hall where you got married and none of them say " Is anyone of you gettting married an illegal alien OR are you out of legal status bcs if you are then you can't marry"

Advising with fear is not advising at all. We are here to help.-
Click to expand...



Thank you very much for all of your responses!!!

Just to be clear:

1) In the question about spouse I have to put "Other" - but what I have to put to explain this "other" - Visa type even if it's expired? or something else?

2) As I understand I have to file N400 for myself - get naturlized and then file for spouse I-130 and AOS? Is that right?

Please clarify....

Thank you!
 
philly007 said:
Thank you very much for all of your responses!!!

Just to be clear:

1) In the question about spouse I have to put "Other" - but what I have to put to explain this "other" - Visa type even if it's expired? or something else?

2) As I understand I have to file N400 for myself - get naturlized and then file for spouse I-130 and AOS? Is that right?

Please clarify....

Thank you!
Click to expand...

One more question:

After somebody become USC - then on the I-130 about spouse what information about Visa status should be written? As is - even it's expired?

Thank you!
 
1. What kind of visa did she/he use to enter the US? All visas have a classification number, ex. B1/B2 or L1 or H1. And nobody is asking you whether the visa is expired or not.

2. Yes, that is correct.

philly007 said:
Thank you very much for all of your responses!!!

Just to be clear:

1) In the question about spouse I have to put "Other" - but what I have to put to explain this "other" - Visa type even if it's expired? or something else?

2) As I understand I have to file N400 for myself - get naturlized and then file for spouse I-130 and AOS? Is that right?

Please clarify....

Thank you!
Click to expand...
 
If you are referring to question 14 the answer is: Visitor if she came here to visit a relative or came here to do tourism. Student if she came to study or do training . Usually the I-94 will say what type of classification she/he had when she/he entered the US.

If you are referring to question 14 - date authorized stay expired- just put the date that is on the I-94.

Don't worry about the word "expired". The USCIS will know as soon as they pull the info with the I-94 number or the name/last name.

philly007 said:
One more question:

After somebody become USC - then on the I-130 about spouse what information about Visa status should be written? As is - even it's expired?

Thank you!
Click to expand...
 
The rule of thumb is never ever attempt to lie or hide a material fact in N400 or any Immigration Petition. Period.
At the same time do not proactively disclose things that are not asked for or not necessary. Include the details of your spouse, if you are legally married and records exists. I wouldn't worry about spouse's immigration status on my N400 petition.
 
rick92 said:
If you are referring to question 14 the answer is: Visitor if she came here to visit a relative or came here to do tourism. Student if she came to study or do training . Usually the I-94 will say what type of classification she/he had when she/he entered the US.

If you are referring to question 14 - date authorized stay expired- just put the date that is on the I-94.

Don't worry about the word "expired". The USCIS will know as soon as they pull the info with the I-94 number or the name/last name.
Click to expand...


Thank you for the response! Yes, she is here on J1 Visa (no 2-year requirement). Shall we just put:

On N-400 form - Part 8 (Section E) - shall we put "Other" J1 Visa?
On I-130 - Q14 - what is the answer if it's J1 Visa for work - shall we put Visitor? :confused:

Thank you!:)
 
I know for the I-130 you definitely have to put the exact visa type (J1 in your case). Don't neglect to do that because the ramifications may be dire.
 
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