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Wife's Situation Freaking me out - Don't know what to do
- Thread starter falcyon
- Start date
You would indicate her status as other:n/a or "out of status". She's no longer a visitor as she overstayed her original visitor visa. When it comes to an out of status spouse, USCIS is lenient in GMC determination of the applicant. Lying should not even be considered an option, so there's no catch 22 here.
xxxxx
You would indicate her status as other:n/a or "out of status". She's no longer a visitor as she overstayed her original visitor visa. When it comes to an out of status spouse, USCIS is lenient in GMC determination of the applicant. Lying should not even be considered an option, so there's no catch 22 here.
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Hi Everyone,
I became an LPR on Nov 18, 2005 and I am eligible to apply for Citizenship next month or so.
My wife is a canadian citizen, who joined me to live in the US since May 2007, overstaying her tourist visa. There is no stamp and she's didnt get an i-94 either. We since filed joint taxes and she has her ITIN no as well.
My plan was to legalize her when i become a USC. Spoke to an attorney in 2007 and he assured everything should be fine. However, the N-400 application seeks to know the current immigration status of wife with two options to choose from - either
a) LPR
b) Other.
Now here in my dilemma :
If I choose Other and put "visitor" in that space, I might be asked details of her stay in the US and "truthfully" i need to say that she overstayed her visa and that I housed her illegally, violating the "good moral character" requirement for USC. Also, this is punishable (by 250,000 or 5 years jail or both ) by law to willingly aid an illegal.
If i lie during interview stating that she goes back and forth between US and Canada, I will be able to become USC by lieing, but subsequently run the risk of being questioned when I file for I-485 for my canadian spouse. Its like a catch 22.
Please give me your insight or if anyone you know had a similar case.
Thanks a bunch to everyone
Shon
It is you who is getting citizenship...not your wife, and you are not deriving any status from her...it won't affect you.....If I were you, I would put "canadian,"and leave it there...It won't be an issue.....
namecheckvictim
Registered Users (C)
GMC is Good Moral Character.
The application asks for current immigration status, not a potential one.Thanks Faysal and everyone.......One final question
would it help my case in any way if i file i-130 for my wife and write something like "I-130 Pending" in the other section before i file my n-400 app.
Thanks
Shon