Like you I was worried about the fact that my spouse has overstayed his B2 for almost 5 years. Last thing you want to do is to lie about it. Disclose that he is B2 overstay and give your address, assuming you live together. This issue was never raised before or during my interview. Just be truthful about everything and stop worrying. USCIS does not take it against you if you are married to an overstay. I became a naturalized USC last week and today we mailed my spouse's adjustment of status. Good luck to you.
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N400 Part 8 Spouse's Immigration Status Help!
- Thread starter unixtmusa
- Start date
juancho123
Registered Users (C)
Hi Chavacano....
hey i reading your story and updates; and i'm in your same shoes. My wife is filling the N-400 and the problem is that I'm overstay with a visa B1/B2 since Sep05. So why did you put in the question 8 ? Im also have a I-130 form. Can you provide some advice about your experience in your case.. im little worry coz my wife want to pass the interview and she scare that what she have to respond if the judge ask some question about me (spouse).
I look forward to hearing from you.regards
hey i reading your story and updates; and i'm in your same shoes. My wife is filling the N-400 and the problem is that I'm overstay with a visa B1/B2 since Sep05. So why did you put in the question 8 ? Im also have a I-130 form. Can you provide some advice about your experience in your case.. im little worry coz my wife want to pass the interview and she scare that what she have to respond if the judge ask some question about me (spouse).
I look forward to hearing from you.regards
Al Southner
Registered Users (C)
Your wife should be concerned about her N400 being approved, she needs to be truthful and never worry about your status. She needs to write B1/B2 visa overstay. USCIS doesn't have the time nor resources to dig up your file and come to nab you in the middle of the night. Full disclosure is all that is needed, once she is approved, she will file for your Gc and you both will have many more good nights... She will pass the interview easier if she is trutuful, plus no IO is going to be quizzing her about your stauts, you ARE NOT the under examination for N400, she is.... tell her to relax!!!
Al Southner is right, your being out of status will not be an issue in your wife's naturalization as long as you tell the truth. My husband has been an overstay since 2005 but this was never asked during the interview. Just put "B2 Overstay" or ""Out of status" and you should be fine.
juancho123
Registered Users (C)
hey thank you guys i really appreciate your answers.. make me fill more confortable and specially my wife.. and later. after finish the interview and forms do i need to fill for get my GC?
I successfully passed my citizenship interview today(Chicago). The interview took only 5 min. Here are some of the details
1. I have employment based green card. I left my employer 6months and 1 week after filing I485. I did not notify INS. My green card was approved without any RFE
2. I’m married and my wife has been with me along the entire way starting back from the day when I was on H1b and she had H4. The INS concluded at the time of I485 adjudication that my wife had a 187 days gap between her student visa and her H4. Long story short, they denied her adjustment and she was told to go back to my country and to wait for visa number. She was 7 months pregnant at that time and the visa number wait was around 21/2 years. We decided for her to stay. I was honest on my citizenship application and wrote “OUT OF STATUS”. The interviewing officer looked at it and said nothing.
3. The interviewing officer was very professional. He asked me if I was still employed by the same employer who applied for my green card. I answered – NO, He then asked me if I’m currently employed and I answered – YES. That was it.
My Oath ceremony is scheduled for April 7th 8AM same location.
To all out there who have ‘out of status’ spouses - The citizenship application is about YOU not your spouse. Living with your ‘out of status’ spouse is NOT a crime and you are NOT harboring criminals. My advice is to be honest and tell them the truth. Oh, and you don’t need a lawyer – the waiting room was so crowded because of people having their relatives and lawyers with them.
PaulK
1. I have employment based green card. I left my employer 6months and 1 week after filing I485. I did not notify INS. My green card was approved without any RFE
2. I’m married and my wife has been with me along the entire way starting back from the day when I was on H1b and she had H4. The INS concluded at the time of I485 adjudication that my wife had a 187 days gap between her student visa and her H4. Long story short, they denied her adjustment and she was told to go back to my country and to wait for visa number. She was 7 months pregnant at that time and the visa number wait was around 21/2 years. We decided for her to stay. I was honest on my citizenship application and wrote “OUT OF STATUS”. The interviewing officer looked at it and said nothing.
3. The interviewing officer was very professional. He asked me if I was still employed by the same employer who applied for my green card. I answered – NO, He then asked me if I’m currently employed and I answered – YES. That was it.
My Oath ceremony is scheduled for April 7th 8AM same location.
To all out there who have ‘out of status’ spouses - The citizenship application is about YOU not your spouse. Living with your ‘out of status’ spouse is NOT a crime and you are NOT harboring criminals. My advice is to be honest and tell them the truth. Oh, and you don’t need a lawyer – the waiting room was so crowded because of people having their relatives and lawyers with them.
PaulK