ITIN for Out of Status Wife

L

LisaMarie

Registered Users (C)
Hello,

Good Afternoon.

My cousin is facing a dilemma. His wife entered US legally as a graduate student, but dropped out of the program due to funding issues. As a result, she has been out of status since 2008. Her 1-94 has D/S (duration of stay) on it, instead of an actual expiry date. It is not clear if USCIS has been notified by the university that she is no longer a student.

Currently, my cousin is being sponsored for the green card, but for obvious reasons, cannot include her on the application at the moment, and would have to wait until he gets the green card and becomes a citizen in about 5 years.

The question is that he wants to file for ITIN (W-7) for her. Part of the ITIN application asked for details about her current visa in the US and that students with D/S on their 1-94s can indicate that instead of the actual expiry date.

Is it advisable to apply for it at this time? Would her application for an ITIN tip the immigration authorities that she is still in the country?

Thanks very much for your advice...

rgds, PS
 
Last edited by a moderator:
LisaMarie said:
A frieind (about whom I posted a couple of months ago) has a dilemma. His wife entered US legally as a graduate student, but dropped out of the program due to funding issues. As a result, she has been out of status since 2008. Her 1-94 has D/S (duration of stay) on it, instead of an actual expiry date. It is not clear if USCIS has been notified by the university that she is no longer a student. Currently, my cousin is being sponsored for the green card....
Click to expand...

Who is the friend versus the cousin? I'm confused.

Currently, my cousin is being sponsored for the green card, but for obvious reasons, cannot include her on the application at the moment, and would have to wait until he gets the green card and becomes a citizen in about 5 years.
Click to expand...

The reasons aren't obvious. Why not?
 
RealCanadian,

Sorry about the confusion between cousin / friend - it was a typo and post is now corrected.

Cousin could not sponsor her at this time because she is out of status, and it wouldn't have made any difference until he gets his citizenship. Thats what I meant by for obvious reasons.

Thanks for your clarification - LisaMarie
 
thanks - cousin is being sponsored by his employer - i think through PERM (labor).

thanks - LisaMarie
 
He will be waiting a long time. Since she apparently has not yet been deported, she should leave and wait to reenter legally. She should speak with an attorney to determine what else she needs to do to make her reentry easier.
 
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