QUESTION
What if my wife came in the US with a B2 visa and overstayed?
Asked on Mar 03rd, 2012 on Immigration - California
More details to this question:
I am a green card holder and I got married with my wife. My wife came in the US with B2 visa and overstayed. I got 4 years and 9 months in this country and I would like to apply for my citizenship. In part 8 of N400, I do not know what do regarding my wife status.
11 ANSWERS
3 Awards
Apply for permanent resident for your wife after you get your citizenship.
Answered on Mar 12th, 2012 at 3:15 PM
You can indicate that your wife is in the US and is not a US citizen or LPR. Once you naturalize, you will be able to petition for her.
Answered on Mar 08th, 2012 at 3:17 PM
LCA Audits and Investigations Attorney serving Houston, TX
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Fong Ilagan
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Apply for your citizenship, then apply for her green card under section 245(a). Hire an attorney.
Answered on Mar 07th, 2012 at 4:50 PM
Immigration Law Attorney serving New York, NY
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Oltarsh & Associates, P.C.
She is out of status. When you become a citizen you may petition for her.
Answered on Mar 07th, 2012 at 12:34 PM
Immigration Law Attorney serving Orlando, FL
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Stoller & Moreno, P.A.
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Answer to your question is that you should become a US citizen. Upon approval of your application for naturalization and your having taken the oath of citizenship and becoming a US citizen, your spouse would be immediately eligible to apply for adjustment of status in conjunction with an immigrant visa petition filed on her behalf by you. If your spouse arrived in the US lawfully, she would not be rendered ineligible to apply for adjustment of status simply by virtue of having overstayed her authorized period of stay. So move forward on your N-400, get that application approved and become a US citizen.
Answered on Mar 07th, 2012 at 10:05 AM
Rebecca T White
You will need to check "other" and write-in over-stay. Once you have US citizenship you can file for her permanent residence. Ideally you will have her application prepared and ready to file right after you are sworn in.
Answered on Mar 06th, 2012 at 6:55 PM
You need to disclose your marriage. The Immigration Service usually does not use the information to prosecute your wife for her overstay. Even if that happens, would she be able to seek a permanent resident status in removal proceedings as your spouse upon your naturalization and should not be deported. However, you can be denied citizenship if you misrepresent information that is requested for your application.
Answered on Mar 06th, 2012 at 5:32 PM
Immigration Law Attorney serving San Francisco, CA
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Richard S. Kolomejec
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It is OK to list your wife's status as visitor. Once you become a US citizen, you can apply for her green card. This process takes about 3 months from start to finish.
Answered on Mar 06th, 2012 at 5:05 PM
Intellectual Property Attorney serving Menlo Park, CA
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Sheppard Mullin
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Just tell CIS your wife is out of status. That will not affect your application and it will not affect her either.
Answered on Mar 06th, 2012 at 4:52 PM
Congratulations upon being ready to petition for naturalization. In the naturalization process it is essential that you provide responses that are completely accurate and truthful, whether on the N-400 form or at the naturalization interview. From your description, an accurate identification of your wife's status would be a B-2 visa overstay. As you may know, immediately upon becoming a naturalized citizen you should be able to file a petition for your wife to adjust status, notwithstanding that she has overstayed her nonimmigrant visa, and you may want to have an application package ready to file right away. Additionally, especially since your wife continues to be at risk of removal if she were to come to the attention of immigration authorities, it may be wise to engage an immigration law firm to make certain that your naturalization case is well-prepared and documented to reduce or eliminate risks of delays.
Answered on Mar 06th, 2012 at 4:51 PM
Immigration and Naturalization Attorney serving San Francisco, CA
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The Law Office of Christine Troy
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You must disclose that you are married. If you do not, this can cause a lot of issues for you later. See a competent immigration attorney in your jurisdiction. Have that person prepare and represent you for you natz. Once you are a USC, you can probably apply for a green card for your wife but you really need to have a full consult to verify my assertion. Of course, if you lie on your natz application, this option is not available and you can also face serious issues.
Answered on Mar 06th, 2012 at 4:20 PM