Urgent help needed Praetorian, Triple Citizen, Bobsmyth, and anyone in the know

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cr.marsh

Registered Users (C)
My situation is such:
Interview passes June end. Girl friend in US on another visa.
We married last week.I dont have oath letter yet. I found out oath will be around 1 day after her I 94 expires.
I have tried to request for one before that, but no use.
I was hoping to get all paper work and medical etc done before and apply AOS soon after oath. What do I do now? I am stuck and worried as hell.
I heard that a little overstay is pardoned but dont want to break the rules and take chances. Need your advice.Urgent
 
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Her overstay will not matter if she marries a US citizen. If her overstay is under 6 months, she will also be able to travel while her GC is processed. The issue you need to worry more about is that of intent. What status was your wife holding in the US? When was she issued her visa? Did she know you when she last entered the US? Were you mentioned on her DS-156?

cr.marsh said:
I heard that a little overstay is pardoned but dont want to break the rules and take chances. Need your advice.Urgent
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She has travelled many times on B 1 and B2, has travelled all over the world, and US too. Has a multiple 10 year.
Never ever over stayed. Always legal. I have known her for a long time. But as friends.
She did mention me in her DS 156, but as a friend which is the truth.
I only just proposed and at the time of DS 156 (2yrs bk), she was married to someone else. Thats mentioned as well. She divorced much later.
She is a professional and travels for work and pleasure. I decided to marry her only when she came this time, and took her by surprise. After some thought she agreed.
So, now where does that leave me?
Even if I apply on the date of the oath, for her, the papers will only reach in a day or two, and that would mean overstay. Will she have to stay here till her Green card comes before she can travel. She really needs to travel as her work is else where and has to be wrapped up etc.She never had any intent to marry again at all, let alone me. But I was lucky.
Another thing, can I apply for her based on my Naturalization Certificate or do I have to wait for the passport?
Please help.
 
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If I remember, DS-156 only asks for relatives, spouse and fiance'/fiancee' in the US. I don't remember friends, but it is a while since I saw a DS-156.
You both should be in good shape. She can travel after she gets an AP. As long as her overstay is under 6 months, she will get an AP.
You can prove your US citizenship using your naturalisation certificate.


cr.marsh said:
She did mention me in her DS 156, but as a friend which is the truth.

So, now where does that leave me?

Even if I apply on the date of the oath, for her, the papers will only reach in a day or two, and that would mean overstay.

Another thing, can I apply for her based on my Naturalization Certificate or do I have to wait for the passport?
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I am only the contact person in the US on the DS 156 as I was a family friend.
In all the other boxes she has marked no, regarding family, fiance etc as she was married at that time to someone else.It was a more than 2 years ago when the visa was granted.It was a multiple entry.
 
Marsh,

It has been brought to my knowledge that you have deleted threads and postings of yours AFTER getting help or when your questions are being answered. And as a moderator, I could see ALL threads and postings that you have deleted so far and I could put them back too if I would prefer. I suggest you not to delete anything so that any future applicants could be benefited by reading those threads/postings...and to help and to be help is the purpose of this board...

All the time/energy and efforts people poured in helping you, meant nothing to you when you are kept deleting those threads. Don't be selfish...Don't come on this site and ask anything if you are going to delete those postings...I'm going to bring back some of those threads back...and don't you dare to delete any more thread from now on...
 
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I understand and did not realize that the posts could be of help to someone else. I was under the impression that most people post the question they want an answer to, afresh.I do apologize, Johnny Cash. If you deem appropriate you can bring the threads back. I do understand your concern and would certainly not want to take away from someone else gaining from my posts. Please do not take offense and it was an inadvertent error on my part.
If its not too much a bother, could you advise on my case scenario. I would appreciate it tremendously.
 
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I also notice that you are asking same questions over and over with a little twist. You were already told by me and other posters that her overstaying wouldn't be a problem at all because her AOS would be based upon marrying to a US citizen, and immigration laws automatically fogive someone for these kinds of technical violations like overstaying, working without INS permission, etc...whenever beneficiary/applicant is an immediate relative of a US citizen on a visa petition. So, don't waste yours and other people's time in asking the same question over and over and over...Again, you have been told more than once that forget about her overstaying status because it wouldn't matter at all...Period.

You were also told to gather all the documents necessary for her to file AOS so that you guys could file for her as soon as you become a US citizen...That means, you can also get done the medical thing for her. And if she had mentioned you as a friend to visit to on her visa application at the consulate then it's okay...And, you would need either one out of US passport or naturalization certificate to prove your US citizenship whenever you will file the paper for her. You may submit the copy of both if you want, but it wouldn't make any difference; rather it would delay your wife's case because it would take time for your passport to come.

So once you get naturalized, you should make couple of copies of it. Review and double check all of the paperwork for your wife so that you could make sure that you are not doing any mistake or not omitting anything which is required. Don't be in too rush to send her paperwork. Waiting for 2-5 days won't make a big difference, but sending wrong and incomplete paperwork might cost you a few more weeks delay.

By the way, do you see anyone deleting their threads/postings AFTER being helped so to say that you thought those postings didn't need and people will post their own?? Don't try to sugar-coat things. You know this board is full of millions of older threads/postings, yet still you chose to delete yours to wipe out evidences. I've already put it back all of your threads, even the ones that you posted on citizenship forum. And try to stay on one thread about your questions so that people would know the situation of your case. Opening new thread for every single question when situation is the same wouldn't give much detail to people in order to help you out. I can merge all of your threads/posts together so that you could ask questions in there than all over...
 
One question, if I married my wife before the oath, lets say approximately a month or two,does that imply that she will not be eligible to apply for US Citizenship after 3 years of marriage and will have to wait for 5 years?
I know this is in the future, but I got into a discussion with some friend and this is what they told me. They said I should have waited till after the oath. I was not aware of such a condition. Is this true? Please help.
Johnny Cash, please don't get mad at me, I am just a humble knowledge seeker. I understand that sometimes we tend to repeat our questions but can't help it because we are so stressed. Please understand.
 
cr.marsh said:
One question, if I married my wife before the oath, lets say approximately a month or two,does that imply that she will not be eligible to apply for US Citizenship after 3 years of marriage and will have to wait for 5 years?
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She will be eligible 3 years after becoming a Permanent Resident if you remain married, since the entire 3 years will have been spent married to a US citizen.
 
Thank you for your answer. So, I guess, my friend is wrong to say that she has now lost her chance of naturalizing after 3 years of marriage and would have to wait for 5 years instead.
I realize now, why Johnny Cash was so mad at me. If someone were to read this it would not lead to such misunderstandings. Each of us has a unique case.I hope Johnny Cash has found it in his heart to forgive me.
Once again TheRealCanadian, thank you!
 
When you will ask the same questions over and over with a little twist and after deleting yours and other postings wherein your questions were already answered, then it does annoy people because it shows that you think everyone is stupid here as if they wouldn't know that you have already asked those questions if you delete those postings and threads. And it's so selfish on your part and disrespectful to others who took their valuable time/energy and efforts to answer to you when you right away delete the whole thread after getting the answer.

As for your question on here, then it has already been answered, but I again wonder why are you saying IF You married with your wife before Oath?? You have already been married now, so there is no question of ifs, buts, could, should, etc...You are already counting the fruits when tree is not even there. It will be a long time for her to be eligible for filing for a citizenship. Yes, she could file for citizenship AFTER 2 yrs and 9 months of obtaining her green card so long she would still be remained married to you by then.
 
Johnny cash, thank you for your answer. regarding the rest, I believe I have already apologized in almost every post.
I did not mean or intend to be anything other than a knowledge gatherer.I neither intended to be selfish or disrespectful. That it ended up looking like that, I am sorry for that. I apologize once again if that will help any.
"If" is just a figure of speech. The reason for the question is again to weigh the long and short planning for the same. Nothing more, nothing less. However, I seem to have rubbed you up the wrong way and you seem to think I am some sugar coated person, which I am not. I am just a simple person with limited resources trying to do this on my own. Please understand and don't be mad at me.You are knowledgeable and we value your expertise Mr Cash, have patience with us, we are just learning to fly.:)
Aplologize profusely for rankling you. Did not mean to.Thanks
 
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