Pls advice

N

nehasharma

Registered Users (C)
Hi,

I have a question. My husband is currently on greencard (soon going to be a citizen-waiting for interview letter) and I am on F1 (expiring on 3rd Nov.). We have filed I-130 based on his greencard. Now my question is can I file for work authorization right now or should I wait for him to be a citizen and file it with other forms like 485 & all.

I was suggested by many members that overstay are forgiven by spouses of american citizen. So I am relying on that and waiting for my husband's interview letter !!

Pls advice!
 
can you file OPT? that will maintain your status. if you are married to a USC your overstay is forgiven.
on what basis do you intend to apply for work permit? are you talking abt a H1-B visa? having an i-130 filed for you doesn't give you any benefits. you can't apply for work permit based on an i-130 being filed. is your priority date current? if so then you can file for i-485 and i-765--the work permit, now.
if not, then you have to wait until your hubby becomes a citizen, then he can file another i-130 or update his last i-130 and you can immediately put in your i-485 and i-765 application.
 
As I told in my previous post that I do not have an OPT, so cannot maintain my status that way! Thanks for the reply candyattitude.

I married in May 2006 when my husband was on greencard (soon applied for citizenship in July after marriage). We filed I-130 right away. I am really scared now cos my 60 days grace period will be over from tomorrow :eek: . My hubby will be a citizen soon and we will apply for my AOS right after that (file rest of the forms like 485 and all). So should I just do nothing and wait for him to be a citizen and my overstay will be forgiven. I should avoid travel also, right?

Pls reply, I am too worried! :(
 
No. you cannot apply for work authorization.

Once your husband completes his citizenship process, he needs to send a letter (along with naturalization certificate, Form I-485, EAD etc) to USCIS requesting them to upgrade your case. Avoid travel for any/all reason unless reason is more important than GC.

Also, have you tried going back to school for another semester.
 
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Thanks you for your responses and I will avoid travelling! I hope my overstay will not create a problem once my husband becomes citizen and we apply for my AOS!
 
I think now its too late to get admission in any college for the fall session and I will be out of status from tomorrow :confused: . So dont you think its better to just wait for a month until my husband gets citizenship. His Fingerprinting is already done in July, so I guess anytime he will be recieving the Interview letter.
 
Relax

Neha,

Once he files for an I-130 for you, your intentions are clear to the US govt, you are seeking to be an immigrant. However, is there a visa number available for you? As a spouse of a LPR, unfortunately NO. However, there is no need for you to panic, just pray that HIS interview letter comes in the mail very very soon.

If he resides in a district area where an approval of his N400 at the interview is granted, then is sworn in immediately as a citizen, then you will be fine. However, even if he approved and wait for his oath ceremony, you can start working on the completion of the necessary forms to be able to send it out immediately with a cover letter requesting the upgrading of your I-130 petition to an new one, that of an immediate relative. As such, an immigrant visa becomes immediately available for you.

Also, your status has now expired, so don't be frantic and scared. It is part of life and you will be fine once his citizenship is completed. Also, at the interview, they might ask him about his new marriage, which I believe he might have to notify them of his marital status (I may be wrong, but I am 100% sure that, at the oath ceremony, he has to make a note on the form which they send you that you are now married). Also, should the interviewer not ask about his marital status, then HE SHOULD NOT VOLUNTEER HIS LIPS TO THIS FACT. The fact that you are out of status is not going to make him ineligible for US citizenship, the USCIS might be annoyed, but they can't do anything at all.

Lastly, be free to enjoy your husband, go out and have a time of your lifetime. If you let this immigration be a hanging axe over your head, you can easily get depressed. I have seen people in huge distress.... For example, I took my wife to her oath ceremony yesterday, unfortunately a woman attending her swearing in ceremony had a convulsion and fell, since I am not a medical dr, I cannot give you the science of her situation. However, people close to her explain that her immigration journey has been an ardouos one, and she just couldn't believe it will culminate to her being sworn in as a US citizen. Sadly, she wasn't sworn in, she had to go to the hospital for he medical care... so, her immigration journey continues, I personally hope just for a temporary, so she can gain the satisfaction of being a US citizen. My wife told me that she felt really sad for that lady, and so did I.

So, I hope your husband case is adjudicated very very soon, and you are back in the work force.... Also, tell your husband to write a letter every month to wherever he applied for his naturalization, and demand to know why he hasn't been scheduled for an interview. If he waits, he will wait until the Larry King becomes the President of Iceland. Remember that, the bureaucrats at USCIS move when someone's else boot is on their backside.... :p


nehasharma said:
I think now its too late to get admission in any college for the fall session and I will be out of status from tomorrow :confused: . So dont you think its better to just wait for a month until my husband gets citizenship. His Fingerprinting is already done in July, so I guess anytime he will be recieving the Interview letter.
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Thanks a lot Al Southner for ur detailed reply. My husband priority date is 4 July, so we may hope to recieve Interview letter soon! We are in san francisco DO. Once he has done with the naturalization process, we can proceed to file rest of forms for me with cover letter. You made me relax a bit :). When we filed for his citizenship then we were married and I was in status (F1), so we have written in the spouse column about this and also my I130 was filed before N400. I hope this is not a problem. So I guess there is no need to notify about his marital status now to uscis as they already know. He made infopass last month and they told that his name check was completed and nothing more than that. I think we will be writting a letter to ask for case update and make another infopass. The fun thing is that, his mother applied for her naturalization in late Sept (priority date Sept 27) and she recieved her interview letter today :D ..and many people of June july dates are still hanging out :(...

Hope for the best!
 
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