US Citizen - applying for GC for out of status wife

M

msultan

Registered Users (C)
Hi All,

I have my interview for citizenship soon, and I am hoping that things go well.

I plan to apply for my wife as soon as I get my Naturlization cert.

Here is my wife's details of entry/stay in the US:

She came on a B1/B2 (visitor) visa in Sept 2006. Since I was a GC holder at the time, the process to sponsor her would have taken a long time. Anyway, she decided to come. We applied for an extention to her 6 months stay for the B1/B2 visa, but it got rejected. She was planning to apply for education to adjust her status to a student, if we the intitial extension was approved. Anyway, this did not happen and she has been out of status since March 2007.

A few questions:

1- I understand that her liability, being out of status, drops as soon as I become a citizen and apply for her. Is that correct?

2- We got married overseas in 2006 and did not certify out certificate or do a civil marriage in the states. Do we need to?

3- Do I need to work with a lawyer on the application? I wouldn't have considered that if everything was normal. I am just concerned about the status of my wife affecting her GC application in anyway.

4- Her name in English is mispelt (one letter is incorrect). We corrected it at the consulate of our home country to reflect the correct spelling. Would that be an issue? Please keep in mind that I put her name on my tax returns for the last few years matching her passport before the change (incorrect spelling).

Thnak you!
 
1) every other topic on this forum is the same - just like yours. Make an effort to read a few.
2) no, but you need a translation if it's in a foreign language.
 
msultan said:
1- I understand that her liability, being out of status, drops as soon as I become a citizen and apply for her. Is that correct?

2- We got married overseas in 2006 and did not certify out certificate or do a civil marriage in the states. Do we need to?

3- Do I need to work with a lawyer on the application? I wouldn't have considered that if everything was normal. I am just concerned about the status of my wife affecting her GC application in anyway.

4- Her name in English is mispelt (one letter is incorrect). We corrected it at the consulate of our home country to reflect the correct spelling. Would that be an issue? Please keep in mind that I put her name on my tax returns for the last few years matching her passport before the change (incorrect spelling).

Thnak you!
Click to expand...

1.Yes you can sponsor her as soon as you become citizen
2. Get it translated
3. No,u dont need a lawyer just follow instructions, ask q's or search on this site
4. Just write the present correct spelling

Good luck
 
doctor1 said:


1.Yes you can sponsor her as soon as you become citizen
3. No,u dont need a lawyer just follow instructions, ask q's or search on this

Good luck
Click to expand...

I read the following on the I-485 instructions:

You are not eligible for adjustment of status if any of the following apply to you:
10. Who Is Not Eligible to Adjust Status.
C. You were not admitted or paroled following inspection by an immigration officer;
A. You entered the United States in transit without a visa;
B. You entered the United States as a nonimmigrant crewman;
You may apply for permanent residence if you have continuously resided in the United States since before January 1, 1972. This is known as "Registry."
Form I-485 Instructions (Rev. 05/27/08)Y Page 2
D. Your authorized stay expired before you filed this application; :confused:

Wouldn't that apply to my wife since she is out of status?? Help plzzzz
 
msultan said:
Hi All,

I have my interview for citizenship soon, and I am hoping that things go well.

I plan to apply for my wife as soon as I get my Naturlization cert.

Here is my wife's details of entry/stay in the US:

She came on a B1/B2 (visitor) visa in Sept 2006. Since I was a GC holder at the time, the process to sponsor her would have taken a long time. Anyway, she decided to come. We applied for an extention to her 6 months stay for the B1/B2 visa, but it got rejected. She was planning to apply for education to adjust her status to a student, if we the intitial extension was approved. Anyway, this did not happen and she has been out of status since March 2007.

A few questions:

1- I understand that her liability, being out of status, drops as soon as I become a citizen and apply for her. Is that correct?

2- We got married overseas in 2006 and did not certify out certificate or do a civil marriage in the states. Do we need to?

3- Do I need to work with a lawyer on the application? I wouldn't have considered that if everything was normal. I am just concerned about the status of my wife affecting her GC application in anyway.

4- Her name in English is mispelt (one letter is incorrect). We corrected it at the consulate of our home country to reflect the correct spelling. Would that be an issue? Please keep in mind that I put her name on my tax returns for the last few years matching her passport before the change (incorrect spelling).

Thnak you!
Click to expand...

1. I was out of status for almost one and a half years (waiting for my husband to become citizen), and I will have my GC interview next month. So I'm sure you'll be fine.

2. Yes, you need to get it translated.

3. No you don't need lawyer. I did everything myself with the help of this forum and some other forums. I would say that your case is normal.

4. I'm not sure about the spelling but I think you can filed her new correct name in all of the AOS forms and in 'any other name' put her incorrect name. Just like maiden name and married name.
 
Thank you rohi73!

Was your husband asked about you or get cornered for anything that has to do with you being out of status during his naturalization interview?

What did he put in the immigration status of spouse on the N-400?
 
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