You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Please help... out of status spouse
- Thread starter haraputta
- Start date
I agree with lazycis; you really need a lawyer.
To answer your question: she did not spent much time on it, other than asked me for the marriage certificate and asked about the status of my wife. But I did feel that the tone of her questions was serious. I mean, this was something serious for her. I don't know what would have happened if my wife was out of status. I feel I could have gotten in trouble. I did not even expect her to ask about my previous marriages, dates of my wedding, divorce papers, status of myu wife etc.
So, do go to an attorney and get some legal help. You will need strong legal help on your interview to explain why you did not file I130 for her.
To answer your question: she did not spent much time on it, other than asked me for the marriage certificate and asked about the status of my wife. But I did feel that the tone of her questions was serious. I mean, this was something serious for her. I don't know what would have happened if my wife was out of status. I feel I could have gotten in trouble. I did not even expect her to ask about my previous marriages, dates of my wedding, divorce papers, status of myu wife etc.
So, do go to an attorney and get some legal help. You will need strong legal help on your interview to explain why you did not file I130 for her.
Yes that's right, I forgot Lawful permenant residents can file the I-130 as well. I would suggest doing that and waiting for that to officially go through and then file for citizenship, that way there wouldn't be any issues at the interview when they ask...
I am with warlord. I think there are two ways here that I would proceed with: 1. File the I-130 and then have the attorney with you, and tell the IO that you are sorry bla bla bla... but you are trying to correct the problem and adjust the status of your wife; 2. It might be extremly hard, but safer for you both - your wife goes back to her country and waits for you to get her status adjusted. In the second case you might even be safer on your interview. It is really important for them not to acuse you of wrongdiong and bad character/moral, in which case they will - god forbid - deny your aplication.
I am not a lawyer, so don't take my comments as legal advice.
By the way, as a GC holder, your I-130 doesn't mean a lot. Your wife will have to leave the country and get in line. That's the rule. Only US citizens can pettion for their immidiate relatives and don't have to wait for a visa to be assigned. But at least you'll buy some time and have an argument that shows you are trying to fix the problem.
Last edited by a moderator:
wow!-not a big deal
I have an uncle in a similar situation in TEXAS.
Currently he is using his lawyer....and from what i understand, the USCIS will
look at U as if U smuggled her in the country.
But, because you stated it in your N-400, you should have a lawayer.
I REPEAT: "GET A LAWYER TODAY ...IMMIGRATION LAWYER" so that he can rectify and advise you professionally. In addition he can help stabilize your wifes status.
I know its not your fault or your wife's; but most people will not disclose their spouses status to USCIS for many reasons. This helps you and her avoid delays and politics that goes around it.
Anyways, with a lawyer, i know things will work for you... just hang in there and think positive.
I have an uncle in a similar situation in TEXAS.
Currently he is using his lawyer....and from what i understand, the USCIS will
look at U as if U smuggled her in the country.
But, because you stated it in your N-400, you should have a lawayer.
I REPEAT: "GET A LAWYER TODAY ...IMMIGRATION LAWYER" so that he can rectify and advise you professionally. In addition he can help stabilize your wifes status.
I know its not your fault or your wife's; but most people will not disclose their spouses status to USCIS for many reasons. This helps you and her avoid delays and politics that goes around it.
Anyways, with a lawyer, i know things will work for you... just hang in there and think positive.
There seems to be confusion between out of status vs illegal alien. I would think the term "harboring" applies to illegal aliens..(ie those who entered the country illegally) and not those who are out of status. Technically, an illegal alien is one who entered the US illegal, not someone who overstayed their status correct?
There seems to be confusion between out of status vs illegal alien. I would think the term "harboring" applies to illegal aliens..(ie those who entered the country illegally) and not those who are out of status. Technically, an illegal alien is one who entered the US illegal, not someone who overstayed their status correct?
I was thinking the same. For all intents and purposes, I opine that haraputta's application will most likely NOT be denied for harboring an illegal alien. Of course, it's possible that he may get an IO who woke up on the wrong side of the bed the morning of his interview, but then again, there are IOs who try to make traffic tickets look like aggravated felonies. However, as numerous posters already suggested, it would definitely be a good idea to bring an attorney to the interview.
There seems to be confusion between out of status vs illegal alien. I would think the term "harboring" applies to illegal aliens..(ie those who entered the country illegally) and not those who are out of status. Technically, an illegal alien is one who entered the US illegal, not someone who overstayed their status correct?
Bobsmyth.. I think the deffinition of illegal covers anybody without a legit residentail status in US. Take a look at this article: http://www.workpermit.com/news/2005_10_24/us/immigrants_overstay_visas_us.htm
Bobsmyth.. I think the deffinition of illegal covers anybody without a legit residentail status in US. Take a look at this article: http://www.workpermit.com/news/2005_10_24/us/immigrants_overstay_visas_us.htm
That media article labels them as illegal, but how does USCIS view them as? From USCIS actions it seems that out of status aliens are not nearly as much of a priority as those who entered the country illegally.
That media article labels them as illegal, but how does USCIS view them as? From USCIS actions it seems that out of status aliens are not nearly as much of a priority as those who entered the country illegally.
I agree with you. I think the answer is rather simple: Politics. There is no one solid approach in this case from the immig. services in this country. Basically, it's a game. If you get cought, it means you did not play well the game. And don't forget the beneffits of having illegal imig.: they work for nothing and get nothing. Can it get any better than that?!
That's why you need somebody who knows the rulles of the game - an attorney - in case you are about to get cought.
JohnnyCash
Volunteer Moderator
Haraputta,
First off, I would appreciate you for not sending any PM to me anymore because I normally don't read each of them. You might think that I'm purposely not answering but the truth is I might not be reading them even if I might open them. And it's not that I totally don't respond to PMs that I receive, rather I just don't read them most of time to answer to them.
Secondly, I suggest you not to open all kind of threads for the same questions. Try to ask the questions on one thread so that people could get the whole picture of your situation at one place than going to all over the board.
As for your specific situation then it's true that aiding and abetting (harboring) an illegal is a federal crime but I've NEVER heard of this law of being ever applied or sought out in any case even though I've been on this site and other more for many years and also dealt with thousands of cases similar to yours...This law is more of being just on the book than being ever used. Not always all laws are implemented, for example, USCIS can detain and deport anyone who is illegal here, which includes spouses of US citizens who have pending application for adjustment of status. Some might think (obviously mistakenly) that INS cannot detain an illegal spouse of a US citizen who has a pending AOS... but anyone who thinks so is wrong. Why? Because immigration laws very clearly state that INS should and must detain anyone who is illegal in this country.
Laws don't waive illegal-spouses of US citizens from detaining and deporting if they are caught. Illegal spouses are just allowed to file paper here in the United States to adjust their status if they are the beneficiary on a visa petition filed by their US citizen who is an immediate family, but that doesn't mean INS cannot detain these illegal-spouses of US citizens. It's just that INS has chosen as a matter of their policy (not as a law) based upon their own discretion not to detain those people who have pending AOS, but that doesn't mean they cannot detain an illegal (regardless of who that illegal is). That's why it's important not to come in contact with law enforcement agency (for doing a crime or anything for that matter) and with INS (not administrative branch though) if someone is illegal; otherwise an illegal would be detain even if s/he is the spouse of a US citizen and has a pending AOS. Having said that, I just want to say that not always all laws on books are implemented.
You have nothing to worry about in your case. Your wife's illegal status won't be an issue at all. The information on N-400 about spouse and the legal status of spouse is NOT asked to find out if applicant is harboring any illegal or not, nor it's asked to know the legal status of the spouse to take any action. Instead, this information is asked primarily to keep marital information on the applicant and to know who was/is the spouse of the applicant so that some lies/frauds could be traced out in accordance with other govt. records to determine moral character of the applicant.
Believe me, officer wouldn't even ask you anything about your wife's status at all. I've NEVER heard/seen any case wherein applicants were specifically grilled/asked on why s/he is harboring an illegal or anything like that. Also, there is no any question on N-400 which specifically asks if applicant is harboring any illegal; rather it's asked if applicant has helped anyone to gain entry into the US illegally, which is different than harboring an illegal. Just don't worry about this issue. And don't believe everything what you hear.
As for the taxes, then it is a big problem if you filed your tax returns (for whatever year) as a single status if you were actually married. This a ground to deny the citizenship, and INS do check this kind of inconsistence to fret out the fraud/lie. You better file an amendment to your those tax returns which are inaccurate. IRS won't ask anything. And ITIN number can be used for your wife if she doesn't have a SSN. IRS will issue her ITIN number if she doesn't have that number yet. If you don't correct your tax returns, you will risk your citizenship application to be denied or be revoked in the future. Don't take that chance. But I can guarantee you that the illegal status of your wife won't be an issue at all.
Good luck...
First off, I would appreciate you for not sending any PM to me anymore because I normally don't read each of them. You might think that I'm purposely not answering but the truth is I might not be reading them even if I might open them. And it's not that I totally don't respond to PMs that I receive, rather I just don't read them most of time to answer to them.
Secondly, I suggest you not to open all kind of threads for the same questions. Try to ask the questions on one thread so that people could get the whole picture of your situation at one place than going to all over the board.
As for your specific situation then it's true that aiding and abetting (harboring) an illegal is a federal crime but I've NEVER heard of this law of being ever applied or sought out in any case even though I've been on this site and other more for many years and also dealt with thousands of cases similar to yours...This law is more of being just on the book than being ever used. Not always all laws are implemented, for example, USCIS can detain and deport anyone who is illegal here, which includes spouses of US citizens who have pending application for adjustment of status. Some might think (obviously mistakenly) that INS cannot detain an illegal spouse of a US citizen who has a pending AOS... but anyone who thinks so is wrong. Why? Because immigration laws very clearly state that INS should and must detain anyone who is illegal in this country.
Laws don't waive illegal-spouses of US citizens from detaining and deporting if they are caught. Illegal spouses are just allowed to file paper here in the United States to adjust their status if they are the beneficiary on a visa petition filed by their US citizen who is an immediate family, but that doesn't mean INS cannot detain these illegal-spouses of US citizens. It's just that INS has chosen as a matter of their policy (not as a law) based upon their own discretion not to detain those people who have pending AOS, but that doesn't mean they cannot detain an illegal (regardless of who that illegal is). That's why it's important not to come in contact with law enforcement agency (for doing a crime or anything for that matter) and with INS (not administrative branch though) if someone is illegal; otherwise an illegal would be detain even if s/he is the spouse of a US citizen and has a pending AOS. Having said that, I just want to say that not always all laws on books are implemented.
You have nothing to worry about in your case. Your wife's illegal status won't be an issue at all. The information on N-400 about spouse and the legal status of spouse is NOT asked to find out if applicant is harboring any illegal or not, nor it's asked to know the legal status of the spouse to take any action. Instead, this information is asked primarily to keep marital information on the applicant and to know who was/is the spouse of the applicant so that some lies/frauds could be traced out in accordance with other govt. records to determine moral character of the applicant.
Believe me, officer wouldn't even ask you anything about your wife's status at all. I've NEVER heard/seen any case wherein applicants were specifically grilled/asked on why s/he is harboring an illegal or anything like that. Also, there is no any question on N-400 which specifically asks if applicant is harboring any illegal; rather it's asked if applicant has helped anyone to gain entry into the US illegally, which is different than harboring an illegal. Just don't worry about this issue. And don't believe everything what you hear.
As for the taxes, then it is a big problem if you filed your tax returns (for whatever year) as a single status if you were actually married. This a ground to deny the citizenship, and INS do check this kind of inconsistence to fret out the fraud/lie. You better file an amendment to your those tax returns which are inaccurate. IRS won't ask anything. And ITIN number can be used for your wife if she doesn't have a SSN. IRS will issue her ITIN number if she doesn't have that number yet. If you don't correct your tax returns, you will risk your citizenship application to be denied or be revoked in the future. Don't take that chance. But I can guarantee you that the illegal status of your wife won't be an issue at all.
Good luck...
Last edited by a moderator:
JohnnyCash,
Thanks for your detailed response and my apologies for the PM - never realized that you don't reply to them anymore.
I am planning to file the amendment for my those tax return where I filed as single and bringing the paperwork with me to the interview.
Again - my sincere thanks to you.
Thanks for your detailed response and my apologies for the PM - never realized that you don't reply to them anymore.
I am planning to file the amendment for my those tax return where I filed as single and bringing the paperwork with me to the interview.
Again - my sincere thanks to you.
It looks like JohnnyCash laid it out in a very detailed way.
Just wanted to wish you good luck haraputta! Let us know how it went.
BTW, JohnnyCash, I thought in case if somebody has filed AOS while legal and has a "pending case", she/he has a status automatically, even though they might have overstayed after applying for AOS. Is it not so?
P.S. Haraputta, if I were you, i would still consider talking to a lawyer. If I learned something in this country, it is that you might be that scape goat that everyone is looking for.
GOOD LUCK!
Just wanted to wish you good luck haraputta! Let us know how it went.
BTW, JohnnyCash, I thought in case if somebody has filed AOS while legal and has a "pending case", she/he has a status automatically, even though they might have overstayed after applying for AOS. Is it not so?
P.S. Haraputta, if I were you, i would still consider talking to a lawyer. If I learned something in this country, it is that you might be that scape goat that everyone is looking for.
GOOD LUCK!
haraputta - how did it do got you???
Hi All,
I have a similar situation.
My interview is on 11/7. My wife came to the states on a B1/B2 visa two years ago and her status expired about 18 months ago. We tried applying for a change of status to change her visa to a student visa, but it was rejected.
My lawyer says that this should not be an issue at the interview since the interview is more about me, not my spouse. He also mentioned that this should not affect the good moral character since she came to county legally.
Anybody has a similar experience or could provide me any input? I am getting worried about the interview and would appreciate any advise.
PD: 4/20/2008
Interview Date: 11/7/2008
Hi All,
I have a similar situation.
My interview is on 11/7. My wife came to the states on a B1/B2 visa two years ago and her status expired about 18 months ago. We tried applying for a change of status to change her visa to a student visa, but it was rejected.
My lawyer says that this should not be an issue at the interview since the interview is more about me, not my spouse. He also mentioned that this should not affect the good moral character since she came to county legally.
Anybody has a similar experience or could provide me any input? I am getting worried about the interview and would appreciate any advise.
PD: 4/20/2008
Interview Date: 11/7/2008
haraputta - how did it do got you???
Hi All,
I have a similar situation.
My interview is on 11/7. My wife came to the states on a B1/B2 visa two years ago and her status expired about 18 months ago. We tried applying for a change of status to change her visa to a student visa, but it was rejected.
My lawyer says that this should not be an issue at the interview since the interview is more about me, not my spouse. He also mentioned that this should not affect the good moral character since she came to county legally.
Anybody has a similar experience or could provide me any input? I am getting worried about the interview and would appreciate any advise.
PD: 4/20/2008
Interview Date: 11/7/2008
I think you should be fine. As it was said before, this is about you and not your wife. The IO will go over the N-400 with you and ask questions about your past and not your wife's. If you want, you could ask your lawyer how to best respond to a potential question about your wife's expired status.
Don't forget your marrage certificate. You'll be fine.
Wife out of status
I think you should be fine. As it was said before, this is about you and not your wife. The IO will go over the N-400 with you and ask questions about your past and not your wife's. If you want, you could ask your lawyer how to best respond to a potential question about your wife's expired status.
I asked my lawyer and he said I should state the truth. "Which is that my wife is an adult and she decided to stay. This was her decision. We tried to adjust her status to a student status, but the request was rejected. I will also state that I feel sorry for the way things turned out, but I can not wait to adjust her status by applying for her once I am naturalized"
How does that sound?
msultan;1974081 I asked my lawyer and he said I should state the truth. "Which is that my wife is an adult and she decided to stay. This was her decision. We tried to adjust her status to a student status said:sounds good to me. Don't worry that much. I was too nervous when I went for my interview and made some gaffes. So, just relax and everything will be fine.
sounds good to me. Don't worry that much. I was too nervous when I went for my interview and made some gaffes. So, just relax and everything will be fine.
msultan should be perfectly OK. An out of status wife will not be an issue so long as she entered the US legally. As you stated the key is to be relaxed in the interview and avoid complicating non-issues.
Good luck msultan, hope you get naturalized soon and your wife gets her status adjusted.