QUESTION
Are we going to have a problem with my citizenship and filing a petition for my wife if she overstayed?
Asked on Mar 18th, 2015 on Immigration - New York
More details to this question:
I am filing for naturalization and need advice because I am married and my wife only had a tourist visa (she overstayed). We decided to marry after we had our child.
4 ANSWERS
As long as she entered the US lawfully and overstayed, there should not be any issues.
Answered on Mar 30th, 2015 at 11:46 AM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
Your wife's overstay will not affect your citizenship petition. However, when you file your petition for her to become a permanent resident, she most likely will need a waiver for her overstay.
Answered on Mar 23rd, 2015 at 12:38 AM
Immigration Law Attorney serving San Francisco, CA
at
Richard S. Kolomejec
Update Your Profile
Not a problem. You can naturalize and then file for your wife's green card even if you overstayed. I would consult with an experienced immigration attorney prior to filing for your wife's case. She should be well prepared to answer questions regarding her entry into the U.S. and the reason for her overstay.
Answered on Mar 23rd, 2015 at 12:25 AM
She should not have issues, if overstay was the only problem.
Answered on Mar 23rd, 2015 at 12:23 AM