Question: Apply Citizenship for me, and GC for my wife

S

siliconhybrid

Registered Users (C)
Hi,
Would you pleasse..please...help me with my situation:
- My GC started 7/22/2002, I will apply for citizenship 4/30/2007
- My wife has H1B visa which is going to expire in 12/10/2007, this is her 6th year on H1B (can't extend H1B after 6yr as I understand)
- We live in San Jose, CA. Looking at the typical N400 timeline, I would probably get my citizenship certificate (oath date) around Dec 2007

My question is, what is the best way to keep my wife stay and possibly keep working in the US? her employer do not want to sponsor GC.
My only plan is:
- Once I receive the certificate of citizenship in Dec 2007, I apply for GC for my wife.
- She should get her EAD in 2-3 months, and GC for ~4 months.
- In the meantime (Dec'07-Mar'08) she can go back to school, and obtain an F1 permit. I assume obtaining the EAD for my wife is 2-3 months, is this true?

Is this the only viable option for me? Can I apply EAD for my wife before I receive my citizenship (like apply right now when I am still a PR, not a citizen)? if so, when can she get the EAD?

Thank you in advance
 
If I were you, I would seriously keep all the options open. The N-400 processing can take anywhere from 3 months to 4 years or more. The tricky part to the N-400 processing is how lucky you get with the background security clearance (more specifically FBI name check). In case you are unlucky and realize this at the fag end of your wife's H1-B expiration, you will have very limited options. Applying now and having an admission in one of the schools that do give out F-1 is the option that I can think of that is relatively easy to achieve especially because of the fact that fall admission is right around the corner.

The forum members may have other options as well.
 
Thanks 485,

I have no criminal record whatsoever, not even a single traffic ticket since my first entry 12 yrs ago. My name is unique, I don't think there is anyone else in the world with the same name. I feel confident **knock on wood** about my application, but off course anything can happen with the Fed.

I will keep your suggestion in my mind. I just thought, what in the world was I thingking, not applying GC for my wife right after we get married 2 yrs ago (edit: Oh i remember now, because her company said would sponsor her GC. Not the case anymore, she changed mgr)

Anyway, if I apply her GC now based on my GC.
- How long would it take to get her EAD?
- Should I apply her GC again after I get my Citizenship? I am worried about the double application.






485kim said:
If I were you, I would seriously keep all the options open. The N-400 processing can take anywhere from 3 months to 4 years or more. The tricky part to the N-400 processing is how lucky you get with the background security clearance (more specifically FBI name check). In case you are unlucky and realize this at the fag end of your wife's H1-B expiration, you will have very limited options. Applying now and having an admission in one of the schools that do give out F-1 is the option that I can think of that is relatively easy to achieve especially because of the fact that fall admission is right around the corner.

The forum members may have other options as well.
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Your wife cannot get the EAD based on your petition as LPR. There' s the 6 year wait. If her H-1 expires before you become a citizen, then going back to school with F-1 is her only option or become illegal.
 
Waiting to get your USC and applying for your wife's GC is the fastest and best option. Your wife can go back to F-1 visa to be in legal status. Otherwise she has to go back to country of origin/citizenship to avoid being illegal. Then once you get your USC you can apply for her GC and bring her back here.

There shouldn't be a problem changing from H-1 to F-1. But remember to get her F-1 stamped before her H-1 expires.
 
even if she overstays without a legal status the law has provisions for spouses of citizens,i think the provision is for 6 months to overstay....plz surf around in immigrationportal as there are plenty of such cases .
 
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So far from all replies, it looks like waiting for my USC and apply wife's GC afterward, with her switching from H1B to F1 is the best option.

Another option is for my wife to leave US for few months and come back when she gets her GC. I just can't stand the fact that I would be separated from my wife for several months :(

What about another option: she goes back home, and apply for Visitor visa? is it possible, would her visitor visa get rejected knowing that she's applying for a GC (dual intent?)

thanks for the replies guys... i really appreciate it.
 
Your wife getting a F-1 has no linkage to whether you have a GC or not. The key is whether your wife is legally here in the US with a valid status. If so, she should not have any issues to get F-1 (provided of course she gets admitted to a school that issues F-1). Once she gets admitted to a school, she has to talk to the foreign student advisor to convert her status from H1-B to F-1. The foreign student advisors do this kind of stuff all the time (example from B-1/2 to F-1 etc.)
 
485kim,
The potential problem for the OP's wife will be question 3(a). If by then there is any immigrant petition for her in the works, then these questions (if answered truthfully) have the potential to result in an F-1 denial.
 
siliconhybrid said:
So far from all replies, it looks like waiting for my USC and apply wife's GC afterward, with her switching from H1B to F1 is the best option.

Another option is for my wife to leave US for few months and come back when she gets her GC. I just can't stand the fact that I would be separated from my wife for several months :(

What about another option: she goes back home, and apply for Visitor visa? is it possible, would her visitor visa get rejected knowing that she's applying for a GC (dual intent?)

thanks for the replies guys... i really appreciate it.
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Overstay is forgiven to USC spouses!
Your wife doesn't have to leave US. You don't have to be separeted from her.
You were given a WRONG advice by vanlilly: "Otherwise she has to go back to country of origin/citizenship to avoid being illegal. Then once you get your USC you can apply for her GC and bring her back here."
 
Just a quick comment on one of the angles. You should be able to schedule an Infopass sometime after you apply for citizenship (let's say a month after fingerprint) to check if your namecheck has been completed or not, so you can have a bit more certainty on how long your naturalization is going to take.

My 2 cents.
 
siliconhybrid said:
What about another option: she goes back home, and apply for Visitor visa? is it possible, would her visitor visa get rejected knowing that she's applying for a GC (dual intent?)
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Almost certainly she'll be rejected for a B1/B2 on the grounds that you are a US resident.
 
Anahit said:
Overstay is forgiven to USC spouses!
Your wife doesn't have to leave US. You don't have to be separeted from her.
You were given a WRONG advice by vanlilly: "Otherwise she has to go back to country of origin/citizenship to avoid being illegal. Then once you get your USC you can apply for her GC and bring her back here."
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vanlily's advice is correct. She becomes illegal once her visa expires. You are basically telling about how to cheat the system. It might work in the end, but it doesn't change the fact that following your advice forces his wife to be out of status during the transition period and be subjected to deportation (Granted that the chance of it happening is slim). It is purely for the benefit of US citizen that the spouse's overstay is forgiven, and for no other reason. Basically you are taking advantage of generosity given by US government. What if the husband doesn't become a US citizen for a long time because of a delayed name check? Should his wife remain an illegal alien all that time?

Whenever possible, we should always try to follow proper and legal avenues instead of illegal shortcuts.
 
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equate said:
vanlily's advice is correct. She becomes illegal once her visa expires.
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No, it's not! She does not have to go back. She is allowed to adjust her status here. Of course she becomes illegal when her visa expires. However, her overstay would be forgiven, and she would be eligible to adjust her status here.
You are basically telling about how to cheat the system. It might work in the end, but it doesn't change the fact that following your advice forces his wife to be out of status during the transition period and be subjected to deportation (Granted that the chance of it happening is slim).
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I don't think so. It is not cheating the system, not at all. Following my advice would simply help to keep the family together. And, there is no "might" in the outcome: it will work.
It is purely for the benefit of US citizen that the spouse's overstay is forgiven, and for no other reason. Basically you are taking advantage of generosity by US government.
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Why shouldn't I? :confused:
Whenever possible, we should always try to follow proper and legal avenues instead of illegal shortcuts.
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I agree. Only I don't think this is an illegal shortcut.
 
Are you seriously telling us that something that involves becoming an illegal alien is a proper way?

As I said, forgiving of overstay is purely for the benefit of US citizen. If the congress decides that the law is abused, they can just easily take it away. Abusing the law (like you advocate) is the reason why the immigration law is getting more and more restrictive.
 
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equate said:
Are you seriously telling us that something that involves becoming an illegal alien is a proper way?

As I said, forgiving of overstay is purely for the benefit of US citizen. If the congress decides that the law is abused, they can just easily take it away. Abusing the law (like you advocate) is the reason why the immigration law is getting more and more restrictive.
Click to expand...

Would you send your husband/wife away not to become illegal knowing that he/she is eligible to file for AOS being illegal?
 
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