N-400 Interview Qs

D

dronkin

Registered Users (C)
Hello,

Please advise in the following situation. I've already send the N400 and waiting for the interview date. My wife's visa is already expired (J1).

1. At the interview how should I answer if the question will arise in regards to my wife's status?

2. Any consequences for me and for her if I'll tell them that her visa is already expired? Are they allowed to ask the questions about the wife's status?

Please advise. Thank you!
 
dronkin said:
Hello,

Please advise in the following situation. I've already send the N400 and waiting for the interview date. My wife's visa is already expired (J1).

1. At the interview how should I answer if the question will arise in regards to my wife's status?

2. Any consequences for me and for her if I'll tell them that her visa is already expired? Are they allowed to ask the questions about the wife's status?

Please advise. Thank you!
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You should answer honestly and completely.
 
Her status does not affect your eligibility for naturalization.
If her status comes up at interview you'll have to disclose that she is out of status. What USCIS decides to do with that information information is anyone's guess..it could lead to a possible removal hearing or not result in any further action for the time being.
 
dronkin said:
I understand that but what are the consequences for me and for her????:eek:

Thank you!
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your wife's status has no consequences on your application. And when the question comes up, just say she is J1. You don't need to elaborate on her being out of status. I don't believe the IO will ask you if she is out of status since you are not an immigration officer to make that determination.
 
formerf1 said:
your wife's status has no consequences on your application. And when the question comes up, just say she is J1. You don't need to elaborate on her being out of status. I don't believe the IO will ask you if she is out of status since you are not an immigration officer to make that determination.
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I believe that if she is out of status at the time of the interview and the question comes up, then you need to let the IO know that she is out of status. You need to state the facts clearly.
 
vdostoi1 said:
I believe that if she is out of status at the time of the interview and the question comes up, then you need to let the IO know that she is out of status. You need to state the facts clearly.
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No. I disagree. Her status is J1 and that is what needs to be said. But whatever he chooses to say, there will be no negative impact on his N-400
 
formerf1 said:
Her status is J1 and that is what needs to be said.
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Since the OP's spouse is out of status, that is her current immigration status. You can't claim to be in a status that you are not legally in. That's like claiming to be in a B2 status eventhough you have surpassed 180 days in the US.
 
dronkin said:
...My wife's visa is already expired (J1)...
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As others have said, your wife's status should not have a bearing on your N-400 interview.

But with regard to your wife's status, has her visa expired or has her DS-2019 expired? Her DS-2019 is proof of J-1 status in the U.S., and its validity could exceed the validity of the visa stamp itself. This is similar to many F-1 visa stamps only being valid for a limited period such as one year, but the I-20, which is proof of F-1 status, being valid for the entire period of study.
 
Bobsmyth said:
Since the OP's spouse is out of status, that is her current immigration status. You can't claim to be in a status that you are not legally in. That's like claiming to be in a B2 status eventhough you have surpassed 180 days in the US.
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I agree. I see your point...Personally I would just mention the visa category and that is it.
 
Thank you ALL for the replies and elaborations. It's a tricky question in case it will arise. It's hard to claim J1 visa if she is out of status. The IO might then think about my moral characteristics....:confused:

I have to choose anyway how to answer in case of this type of question. Either just J1 or elaborate further....:eek:
 
dronkin said:
Thank you ALL for the replies and elaborations. It's a tricky question in case it will arise. It's hard to claim J1 visa if she is out of status. The IO might then think about my moral characteristics....:confused:

I have to choose anyway how to answer in case of this type of question. Either just J1 or elaborate further....:eek:
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Yes, you need to be truthful otherwise, you risk a denial.
 
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