hi,


Soon I will be applying for USC (N-400 form). Since I got married 2 months ago as a LPR, I will have to report my wife on N-400 form. Currently my wife is in USA on B1 visa. what can happen to me in case my wife overstays her visa? can USCIS deny my naturalization application?

Thanks.

You asked this yesterday, you wont get a different answer today.

See: http://www.visajourney.com/forums/index.php?showtopic=43632

just asking a question. don't bother if you answered already to something similar I posted somewhere else.

Good idea to post your question in here Fen. I was gonna suggest that to you.

Hopefully there is SOMEONE who has actually gone through the experience that can tell you what happened with their application.

Yu and Dan, someone may be in the same situation as Fen and is not reading questions posted in the AOS forum. This is a much better forum for him to look for information regarding citizenship issues.

He very may well get a different answer.

One thing that was not mentioned in the other thread is that you can file for your I-539 extension of B1 status. Even if you get denied, while they are looking over the application your wife has legal status. So you can buy yourself time by not filing for an extension until the the day before your wife's status expires.
An I-589 application for asylum will also buy your wife time in status assuming she has "some" colorable claim. These take close to a year to review. If you get an interview before she is out of status, then you aren't harboring any "illegal" aliens as others have suggested.

To grant or deny you citizenship based on your wife's status is completely in the discretion of the USCIS officer doing your interview and reviewing your application. I don't know if an attorney can give you an answer either way. If you want an opinion, then I think this will have no bearing on your application.

If you get naturalized in the normal processing time then it really won't matter what status your wife is in. Her overstay will be forgiven when you file for her adjustment. Also in the worst case scenario if she is picked up by ICE when she is out of status, deportation hearings drag out quite a while too. Depending on the local court's calendar, you could be looking at 6 to 12 months before an individual hearing assuming you ask for a form of relief. One example would be an asylum application. That will certainly buy you time.

But the call is yours to make.

Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

wow, thanks for you opinions. buying some time via B1 extension is right now exactly what we try to do. we'll see what's next when the decision from USCIS is released, she can always try to extend again when the decision was positive
never heard of using asylym petition, but that's also interesting issue

I know of a friend who became a citizen while his wife was illegally staying here. So I agree with the above statement.

Good luck to you during your citizenship journey!

Thank you

However we will use first all possible options for buying some more time for her to stay legally. Hopefully it all works out before she becomes out of status.

Source please

One source was an immigration lawyer from an immigration forum.

Second source was my ex boyfriend (US laywer) who presented the question to his immigration lawyer ( ex boyfriend used to be a LPR, now citizen).