N400 Part 8 Spouse's Immigration Status Help!

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unixtmusa

Registered Users (C)
I need advise. I'm a few weeks away from filing my N400. I am married and my wife has overextended her tourist visa. On Part 8 of Spouse's Immigration Status, can I just put "B2-Tourist Visa Overstayed"? Will this cause or potentially cause deportation proceedings on her? Anyone had experience on the same situation? Please help.
 
Would you not have a greencard and your spouse would be in some form of pending greencard status at least ?
One thing is for sure, you cannot misrepresent the truth in any way - otherwise you may get into deep trouble later as you know

Alex
 
I dont think my being an LPR has anything to do with her status and therefore she doesnt have a "pending" green card status. I know if I become a USC I can do an AOS for her while she is in the US. That's not the problem. The problem is I am an LPR and when I file, based on what I have seen and read for N400 processing, it will take between 10mos to 1 year till I become a USC. Its that gap of applying for USC and becoming that concerns me about her status. Should I just hire a lawyer even for my N400 app? Can someone recommmend somebody? Any sound opinion will be appreciated.
 
unixtmusa said:
I dont think my being an LPR has anything to do with her status and therefore she doesnt have a "pending" green card status. I know if I become a USC I can do an AOS for her while she is in the US. That's not the problem. The problem is I am an LPR and when I file, based on what I have seen and read for N400 processing, it will take between 10mos to 1 year till I become a USC. Its that gap of applying for USC and becoming that concerns me about her status. Should I just hire a lawyer even for my N400 app? Can someone recommmend somebody? Any sound opinion will be appreciated.
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I am actually in the same situation as you and my lawyer's advice was to put "f1 out of status", since thats how she became out of status. I really dont think anything is goingo to happen while you become citizen, or at least it i hope it doesn't. but you should just be truthful.
 
wiggit07 said:
I am actually in the same situation as you and my lawyer's advice was to put "f1 out of status", since thats how she became out of status. I really dont think anything is goingo to happen while you become citizen, or at least it i hope it doesn't. but you should just be truthful.
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Thanls for the reply wiggit07. So I take it you are still waiting to become a USC? Have you gone for the interview yet? Is your lawyer representing you for the N400 process? Do you mind posting your timeline here or send it to me via email if you prefer it that way? Pardon my barage of questions but I'm really curious about your case because we have a similar situation. Again, many thanks.
 
JoeF said:
Indeed, do not lie on the application. They won't do anything.
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JoeF. Many thanks. I dont intend to lie. I see your timeline to becoming a USC is quite fast. Where are you located? I'm in NJ, Cherry Hill is my district office. Gleaning from the processing timelines in other forums, it takes somewhere bet 10-12mos from app to actual swearing in. I wish it was faster. Anyway, thanks again.
 
In the last few months processing seems to have sped up. I am in NJ (Newark DO) and my interview is next week. PD - Oct 2005 - So that's 7 months total time... you should check the NJ tracker thread (timelines seem to have shortened noticeably)

good luck
 
Wow really. I hope Cherry Hill is the same way since I'm in that district. From what I heard, its about 10 mos to max of 1 year in CH but the oath is the same day you pass the interview. From what I saw on the posts, it seems to have sped recently. Anyway, thanks for sharing.

JoeF, I did speak to a lawyer, and a good one at that. She said that I should be honest about everything on the N400 as everyone suggested. This is what I intended to do anyway. She did say that in her 15 year experience, she hasnt heard of anyone being deported due to a N400 application with the same situation as I am. She even said that in her experience, she hasnt heard of a case where the INS or any of its agencies run after an employer for hiring an illegal allien, who is trying to become legal, as an example. Of course, if my spouse commits a crime it might be a different story. Is it a slum dunk that she wont get deported? I think the answer is that its not 100% as she suggested but the likelihood of that happenning is slim to none. Other respondents on my posts with other forums who were on the same situation like mine seem to attest to that as well.

One more thing, someone suggested to me to file an I-30 as an LPR while waiting to become a USC. This will not expedite her being legal but I thought it might stave off deportation, if that happens, while waiting to be a USC. The same lawyer said that it is a logical approach but wont really need it until deportation proceedings do take place. According to her an I-130 is easy to file and at that point, I will need to hire a lawyer to get things done accurately.

I feel much better now that I have people responding to this post and consulting a good lawyer. The best scenario is that I get thru and become a USC without glitch. In the event it doesnt happen that way, at least my spouse and I have courses of action to take. This forum and your suggestions have minimized my anxieties and sleepless nights. I will keep you posted to share my experience. Once again, thanks to everyone.
 
unixtmusa said:
I need advise. I'm a few weeks away from filing my N400. I am married and my wife has overextended her tourist visa. On Part 8 of Spouse's Immigration Status, can I just put "B2-Tourist Visa Overstayed"? Will this cause or potentially cause deportation proceedings on her? Anyone had experience on the same situation? Please help.
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Hi,

Am in ths same situation. My Spouse is out of status and i don't know what you eventually filled on part 8 of N400.
How did you interview go, was any question rasied at the interview regarding her status.

Thanks
 
Hi unixtmusa. I am getting ready to file my n400 and I have the same problem regarding my spouse. Can you provide an update on your situation? How did your application go? How was the interview? I am really worried that my spouse's being out of status would jeopardize my n400 application and consequently lead to problems in his own status. I hope you are still around. Thanks.
 
You do not required to know the status, in fact you should not - it is personal information. Write: I do not know.
 
Thanks for pointing me to that thread jackolantern. I feel much better now knowing that unixtmusa eventually got his citizenship and his spouse's status worked out.

Here's my problem. I arrived in the US in December 04 with a green card in hand and I was 3 months pregnant then. My bf followed in April 05 using his B2 visa and we got married in May 05. I gave birth in June 05 and then filed a petition for my husband as LPR spouse in July 05. His priority date will be current in about two months but he's been out of status since October 05.

What should I put on the spouse status question on the n400 form? How about "B2 Overstay, I-130 Case # xxxxxxxx". I don't intend to hide the fact that he is out-of-status. Any advice would be highly appreciated. Please help.
 
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You can write anything, you know it is a pen and paper. I-130, however, does not create a legal status.
 
acr said:
You can write anything, you know it is a pen and paper. I-130, however, does not create a legal status.
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Yes I am aware of that but I think I should also disclose that I filed an I-130 for him.
 
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Chavacano said:
Yes I am aware of that but I think I should also disclose that I filed an I-130 for him.
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Why? Either they won't care, or they'll delay your case to dig up his file. There is no benefit to listing his I-130 details. Too much information. Just write B2 overstay and that's it.
 
You should be aware that even if his priority date becomes current before you become a citizen, he will be unable to adjust status as a spouse of a permanent resident, because of his overstay. He will have to wait for you to become a citizen, so he can adjust as an immediate relative of a US citizen.
 
I guess I am just being too cautious and paranoid. I am praying I will eventually become a citizen so that I can upgrade my petition for my husband. Thanks for your input.
 
Once you take your oath, file his I-485 with I-130 receipt. For the time being, "B-2 overstay" should suffice.

Chavacano said:
I guess I am just being too cautious and paranoid. I am praying I will eventually become a citizen so that I can upgrade my petition for my husband. Thanks for your input.
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