N400 Part 8 Spouse's Immigration Status Help!
- Thread starter unixtmusa
- Start date
Chavacano,
I'm in the same boat. My wife's I485 was denied because of 187day gap between visas. I talked to a couple of very experienced attorneys. Both , suggested that I should write “out of status” . They said that is possible for the DHS to come after my wife , but it extremely unlikely. My N400 has nothing to do with her status and they cannot deny it because of that.
I’ll be eligible to file on December 1st,2009. I’ll let you know how it goes.
I'm in the same boat. My wife's I485 was denied because of 187day gap between visas. I talked to a couple of very experienced attorneys. Both , suggested that I should write “out of status” . They said that is possible for the DHS to come after my wife , but it extremely unlikely. My N400 has nothing to do with her status and they cannot deny it because of that.
I’ll be eligible to file on December 1st,2009. I’ll let you know how it goes.
PaulK,
Hi. I'm glad to hear that someone in this forum shares my predicament. Hmmm..that statement doesn't sound right. My N400 was approved and I will have my fingerprint taken this Wednesday. USCIS has really improve on application turnaround time. N400 applications now only takes around 3-4 months. I hope your application goes well.
Did you file the I485 based on your petition as a PR? I also have an I-130 for my spouse and the priority date just turned current this month. I plan to upgrade the petition to spouse of a USC as soon as I become one.
Hi. I'm glad to hear that someone in this forum shares my predicament. Hmmm..that statement doesn't sound right. My N400 was approved and I will have my fingerprint taken this Wednesday. USCIS has really improve on application turnaround time. N400 applications now only takes around 3-4 months. I hope your application goes well.
Did you file the I485 based on your petition as a PR? I also have an I-130 for my spouse and the priority date just turned current this month. I plan to upgrade the petition to spouse of a USC as soon as I become one.
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sanjoseaug20
Registered Users (C)
That does not sound right. N400 was approved, and you have still not done fingerprints?
unixtmusa, i agree with the others. Disclose if she continues with the current status (visa overstay) at the time of application.
Now I have a practical thought...not sure if you can do...Will it be difficult for her to leave and re-enter the country with a new -renewed visa ? Would give you a piece of mind and put her in the better position for future GC application.
Now I have a practical thought...not sure if you can do...Will it be difficult for her to leave and re-enter the country with a new -renewed visa ? Would give you a piece of mind and put her in the better position for future GC application.
Chavacano,
My wife's I485 was filed simultaneously with mine. We got married when I was on H1B(she got H4). Her adjustment was wrongfully denied but we were not allowed to appeal and we chose not to file motion to reopen at that time.
Anyway, that’s irrelevant at this point. We have not filed I130 for her. I’ll do that as soon as I’m granted citizenship.
Please let me know how your interview goes.
My wife's I485 was filed simultaneously with mine. We got married when I was on H1B(she got H4). Her adjustment was wrongfully denied but we were not allowed to appeal and we chose not to file motion to reopen at that time.
Anyway, that’s irrelevant at this point. We have not filed I130 for her. I’ll do that as soon as I’m granted citizenship.
Please let me know how your interview goes.
Paul K,
I am now an American Citizen!! The interview itself was very short and smooth, but the wait before and after the interview was quite long. Newark DO has same day oath so it wasn't that bad. Got at the office at 12:30 and was out at 4:30. No questions were asked regarding status of spouse, just the civics exam and questions on the N400 form. So relax and good luck to you.
I am now an American Citizen!! The interview itself was very short and smooth, but the wait before and after the interview was quite long. Newark DO has same day oath so it wasn't that bad. Got at the office at 12:30 and was out at 4:30. No questions were asked regarding status of spouse, just the civics exam and questions on the N400 form. So relax and good luck to you.
Chavacano,
CONGRATULATIONS!!!
Your journey is finally over and most important is the happy ending. I expect to hear back from INS sometime in February to schedule my interview. Hopefully, I’ll get through it the same way you did, without any headaches.
Again, thank you for sharing your experience with us. I’ll sleep much better tonight!!!
Thank you
CONGRATULATIONS!!!
Your journey is finally over and most important is the happy ending. I expect to hear back from INS sometime in February to schedule my interview. Hopefully, I’ll get through it the same way you did, without any headaches.
Again, thank you for sharing your experience with us. I’ll sleep much better tonight!!!
Thank you
Atanase,
Did your wife get her GC through adjustment of status? Did she have any issues because she overstayed? I'd like to know because my husband is going to file his AOS this week. He has overstayed for almost 5 years and from what I've read the overstay is a non-issue once the petitioner becomes a USC. Thanks.
Did your wife get her GC through adjustment of status? Did she have any issues because she overstayed? I'd like to know because my husband is going to file his AOS this week. He has overstayed for almost 5 years and from what I've read the overstay is a non-issue once the petitioner becomes a USC. Thanks.
Al Southner
Registered Users (C)
Chavacano,
You are concerned about a non-issue here. The status of your wife is forgiven because she is married to a US citizen, all her overstay is water under the bridge. So, don't try to conceal the fact she was a visa overstay, because trying to mislead USCIS could be a reason for denial and her deportation. She could have an overstay of 20 years, all of that is forgiven because she's married to you a newly minted citizen. So, file all the paperwork immediately so that she can adjust her status. Good luck to you.
go ahead
Chavacano,
Al Southner is right, it does not matter how long spouse overstayed.
My wife got her GC without any problem because she is a wife of
US Citizen. The main thing is to collect all papers/proofs which
show that your marriage is real (like wedding photos, joint bank
statements, insurances, lease, mortgage, whatever you can collect).
Chavacano,
Al Southner is right, it does not matter how long spouse overstayed.
My wife got her GC without any problem because she is a wife of
US Citizen. The main thing is to collect all papers/proofs which
show that your marriage is real (like wedding photos, joint bank
statements, insurances, lease, mortgage, whatever you can collect).
Thanks for your replies. My husband and I have been waiting for almost 5 years for this. He has been out of work since he got here, being a good stay at home dad to our 4 year old son. He is just excited to finally be able to work, drive and travel. We are almost done with his AOS packet. He will get his medical exam result tomorrow and I just have to complete the affidavit of support. Thanks guys.
I am going to do my N-400 and need to state my spouse who is a B2 overstay in excess of 180 days. What address did you all put when listing your spouse's location? I am worried, as we all are, about the implications of my spouse and still wishing to be truthful. Thanks in advance. I will make a posted about my application