new N-400 form

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rk97

Registered Users (C)
I was trying to fill out the N-400 form which was downloaded from BCIS site,
http://www.immigration.gov/graphics...forms/n-400.htm

There is a question about spouse's immigration status , SSNo and INS "A" number. My wife is in H1b,but out of status...not working.. Does that make any problem? Please advise.
We'll be able to file for V visa at the same time. She had worked illegally for few months about an year ago.
Anybody please advise us,what is the best way to file, V visa or N-400?
If N-400 what are the chances of risk?
If V visa, should we file in the US or outside the US.
Please do reply

Thank you
 
Thank you for a quick reply.

When I-130 was filed,she was in her home country.
Her I-94 expires in 2005 only. We heard that working illegally, will not be a problem if we get the visa from outside USA.

Can we apply for V visa, even though she is out of status and worked illegally?
 
Thank you for helping us.:)

Can we apply for V visa from the US then, even though she is out of status and worked illegally
 
one more question.... Is there a penality of $1000 to apply for the V visa. It is so confusing.
 
what I mean by v visa is, to adjust the status to " V status".
I did a research in the internet and found something like, even a person who is out of status can apply to change to V status under 245(i). But can not leave the country until she gets the GC.I am not sure if this is a current information.

please see the following link.
http://www.shusterman.com/vk-aila.html

Thank you,
 
Originally posted by rk97
what I mean by v visa is, to adjust the status to " V status".
I did a research in the internet and found something like, even a person who is out of status can apply to change to V status under 245(i). But can not leave the country until she gets the GC.I am not sure if this is a current information.

please see the following link.
http://www.shusterman.com/vk-aila.html

Thank you,
Click to expand...

Your understanding is basically correct. A person eligible for the "V" visa can apply directly to the INS/BCIS. The basic requirments are an I-130 which was filed before 12/21/2000 AND has been pending for three years. When approved, you will be allowed to stay here legally and to work. Status violations have no bearing on your "V" visa application. 245(i) has nothing to do with this per se and you do not pay the fine at this stage of the process either. The fine comes into play when you are eligible to file the I-485.

As you say, do not even think about leaving the US until the green card is finally issued.
 
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