I'm applying for my USC in a few weeks. I am married. My spouse came in with a B2 tourist visa and has since overstayed. I know I need to be truthful on part 8 of the N400 for Spouses Immigration Status and I will state her status as "B2 - Overstay Tourist Visa". Should I be concerned that deportation proceedings against her might ensue while I'm waiting to become a USC? I understand that it may take somewhere bet 6 - 12 mos to be sworn in as a USC. Need a sound legal opinion here and/or someone who can share the same experience. Thanks a lot in advance...

You want a sound legal opinion? Then you need to discuss your case with a compotent Immigration Lawyer.

I know many people choose to delay their marriage because of this question.

Deportation - I guess it is possible, I would imagine the risks are low, not exactly a shortage of illegals, or difficult finding any.

I must admit I always assumed that there might be a CIMT issue, harbouring etc, but I do not know.

I did speak to a lawyer, and a good one at that. She said that I should be honest about everything on the N400 as everyone suggested. This is what I intended to do anyway. She did say that in her 15 year experience, she hasnt heard of anyone being deported due to a N400 application with the same situation as I am. She even said that in her experience, she hasnt heard of a case where the INS or any of its agencies run after an employer for hiring an illegal allien, who is trying to become legal, as an example. Of course, if my spouse commits a crime it might be a different story. Is it a slum dunk that she wont get deported? I think the answer is that its not 100% as she suggested but the likelihood of that happenning is slim to none. Other respondents on my posts with other forums who were on the same situation like mine seem to attest to that as well.

One more thing, someone suggested to me to file an I-30 as an LPR while waiting to become a USC. This will not expedite her being legal but I thought it might stave off deportation, if that happens, while waiting to be a USC. The same lawyer said that it is a logical approach but wont really need it until deportation proceedings do take place. According to her an I-130 is easy to file and at that point, I will need to hire a lawyer to get things done accurately.

I feel much better now that I have people responding to this post and consulting a good lawyer. The best scenario is that I get thru and become a USC without glitch. In the event it doesnt happen that way, at least my spouse and I have courses of action to take. This forum and your suggestions have minimized my anxieties and sleepless nights. I will keep you posted to share my experience. Once again, thanks to everyone.

The general rule is to file as a LPR, you never know what glitches might delay naturalisation. And you can 'upgrade' later.

However that is possibly not so relevant in your case as the spouse of a LPR I believe needs to be in status to adjust in the US, and would have a ban, assuming an overstay of 180 days or more, when leaving.

I do not believe a filed I -130 would have any impact on deportation proceedings, I have seen people deported in similar situations.

But go with the legal advise, you paid for that.

Just an update: I became a US Citizen on March 22, 2007 @4:00pm. I now have my wife's packet to send to Chicago for her AOS. The IO did ask about my wife's status, told her she has B1 and an overstay, but it didnt seem to faze her at all. I am hoping my wife's AOS will be as smooth as my natz process was. Thank you all for the input.

Congratulations on your new status! Best wishes with the AOS.. what a relief that will be!

Hi unixtmusa, I'm curious about the AOS process for your wife. I'm an LPR and just filed for naturalization. I filed an I-130 for my wife 2 years ago when we got married. She has a tourist visa from before we got married (will expire next Feb), but she still lives abroad more than here, so she's not "overstaying". My lawyer said she can't come in with her tourist visa to do AOS because you're not allowed to use a tourist visa if you have the intent to immigrate, that is "visa fraud"... So we're gonna upgrade the I-130 when I get the citizenship, but I'm still curious about how your AOS will go, keep us updated!