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chavacano

N-400 and spouse out of status

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Filed: Country: Philippines
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Hello everyone. I will be eligible for citizenship in a few months so I'm getting quite anxious. My problem is that my husband of 4 years have overstayed on his B2 visa. I have a pending petition for his as spouse of an LPR which I filed before his I-94 expired sometime in 2005. I am aware that I should disclose this fact on the N-400 form in the spouse section. Has anyone had this same issue? What did you write in the spouse immigration status space? Is this going to be an issue in my citizenship application? I am going to see my lawyer next month...just trying to get a head start. Thanks for your time.


01/19/10 - FILED I-485 AND I-765

01/27/10 - Check Cashed

02/01/10 - NOAs Received, Dated 01/26/10

02/05/10 - Biometrics Appointment Received, Dated 1/28/10.

02/16/10 - Biometrics Done on Schedule

03/18/10 - Interview Notice Received, Interview Date 04/21/10

03/25/10 - EAD Card Production Ordered Email

04/03/10 - EAD Card Received

04/21/10 - Interview Date

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Filed: Citizen (apr) Country: Colombia
Timeline
Hello everyone. I will be eligible for citizenship in a few months so I'm getting quite anxious. My problem is that my husband of 4 years have overstayed on his B2 visa. I have a pending petition for his as spouse of an LPR which I filed before his I-94 expired sometime in 2005. I am aware that I should disclose this fact on the N-400 form in the spouse section. Has anyone had this same issue? What did you write in the spouse immigration status space? Is this going to be an issue in my citizenship application? I am going to see my lawyer next month...just trying to get a head start. Thanks for your time.

From the N-400 form:

"e. Helped anyone enter or try to enter the United States illegally?

23. Have you ever given false or misleading information to any U.S. government official

while applying for any immigration benefit or to prevent deportation, exclusion or removal?

24. Have you ever lied to any U.S. government official to gain entry or admission into the United States?"

Certainly don't want to answer No to any of these questions, better see your attorney.

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Filed: Country: Philippines
Timeline
From the N-400 form:

"e. Helped anyone enter or try to enter the United States illegally?

23. Have you ever given false or misleading information to any U.S. government official

while applying for any immigration benefit or to prevent deportation, exclusion or removal?

24. Have you ever lied to any U.S. government official to gain entry or admission into the United States?"

Certainly don't want to answer No to any of these questions, better see your attorney.

As far as I know I never helped my husband enter the US illegally. He entered legally using his own B2 visa which was good for 10 years. I was petitioned by my employer and entered the US with a GC in hand. My husband and I did not enter the US together. All the facts I provided in my petition were factual since he was still in legal status at the time I filed. I can certainly answer NO to the three questions because they just don't apply to my case. Let's see what the lawyers has to say. Thanks for the quick reply.


01/19/10 - FILED I-485 AND I-765

01/27/10 - Check Cashed

02/01/10 - NOAs Received, Dated 01/26/10

02/05/10 - Biometrics Appointment Received, Dated 1/28/10.

02/16/10 - Biometrics Done on Schedule

03/18/10 - Interview Notice Received, Interview Date 04/21/10

03/25/10 - EAD Card Production Ordered Email

04/03/10 - EAD Card Received

04/21/10 - Interview Date

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Filed: Citizen (apr) Country: Colombia
Timeline
From the N-400 form:

"e. Helped anyone enter or try to enter the United States illegally?

23. Have you ever given false or misleading information to any U.S. government official

while applying for any immigration benefit or to prevent deportation, exclusion or removal?

24. Have you ever lied to any U.S. government official to gain entry or admission into the United States?"

Certainly don't want to answer No to any of these questions, better see your attorney.

As far as I know I never helped my husband enter the US illegally. He entered legally using his own B2 visa which was good for 10 years. I was petitioned by my employer and entered the US with a GC in hand. My husband and I did not enter the US together. All the facts I provided in my petition were factual since he was still in legal status at the time I filed. I can certainly answer NO to the three questions because they just don't apply to my case. Let's see what the lawyers has to say. Thanks for the quick reply.

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Filed: Citizen (apr) Country: Colombia
Timeline
From the N-400 form:

"e. Helped anyone enter or try to enter the United States illegally?

23. Have you ever given false or misleading information to any U.S. government official

while applying for any immigration benefit or to prevent deportation, exclusion or removal?

24. Have you ever lied to any U.S. government official to gain entry or admission into the United States?"

Certainly don't want to answer No to any of these questions, better see your attorney.

As far as I know I never helped my husband enter the US illegally. He entered legally using his own B2 visa which was good for 10 years. I was petitioned by my employer and entered the US with a GC in hand. My husband and I did not enter the US together. All the facts I provided in my petition were factual since he was still in legal status at the time I filed. I can certainly answer NO to the three questions because they just don't apply to my case. Let's see what the lawyers has to say. Thanks for the quick reply.

We took all those questions seriously due to the penalties imposed if not answered correctly, although not even sure how my wife could overthrow our government, they have H bombs, we only have a few sticks laying in the yard. Just posted those questions for something to think about, really in no position to give advice. Only thought I have if your spouses history is questionable, would wait the five years so he is not even included on your application.

LOL, I have my problems as well with my step daughter, she has to wait the five years and just got her second speeding ticket, telling her to slow down, claims she has no place to go, but always in a hurry to get there. So far, no problems with the USCIS, but auto insurance is getting to be that. Got her mom to agree, one more ticket, and she is off my policy. She is going to college and the economy is so rotten now, can't even find a mininum wage job, all the stores and fast food places are laying off now. So has way too much free time. Don't we wish we had that problem.

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Filed: Country: Philippines
Timeline

I would answer "no" to the questions you listed. If it was your spouse applying, they might have to answer yes to 23 and 24 depening on what they told the US authorities when they applied for the visa and when they entered the country.

However, you might have to indicate on the form that you have committed a crime or offense for which you were not arrested, because harboring an illegal alien with the intent to help them evade immigration law is against the law.

You should consult an attorney before you file.


08/28/2004 Engaged

09/22/2004 I-129F submitted

10/01/2004 I-129F Approved

12/15/2004 K1 Issued

12/30/2004 Arrival in US

02/19/2005 Married

01/30/2006 Conditional Green Card Approved

01/15/2008 Conditions Removed and 10 Year Card Issued

03/28/2009 N-400 mailed to Lockbox

07/17/2009 Interview Denver USCIS office RECOMMENDED FOR APPROVAL

08/28/2009 Naturalization Ceremony - US District Court - Denver, Colorado[/b][/u]

09/04/2009 Applied for passport

09/22/2009 Passport approved and mailed

09/24/2009 Passport received

08/26/2009 Naturalization Certificate and Name Change Petition arrive back from State Department

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Filed: Citizen (apr) Country: Colombia
Timeline
I would answer "no" to the questions you listed. If it was your spouse applying, they might have to answer yes to 23 and 24 depening on what they told the US authorities when they applied for the visa and when they entered the country.

However, you might have to indicate on the form that you have committed a crime or offense for which you were not arrested, because harboring an illegal alien with the intent to help them evade immigration law is against the law.

You should consult an attorney before you file.

I see where they changed the instructions for this year's form, but says about the same thing. For whatever unknown reason, my text select tool with Acrobat is not working on this new instruction sheet, so cannot copy and paste it. But you can go to N-400 and read it.

Not only doing this for you, but for me as well, have one more to go before we can call it quits. Both my wife and I suffer from some kind a computer related affliction, we can stare at a computer screen all day and not spot a single error, but as soon as we print it out, can spot an error a mile away. Hope you make your corrections and all works out for you.

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Filed: Citizen (pnd) Country: Canada
Timeline

The issue will come from Section 8c. Where you will have to declare the the status of your husband, his alien number and his non-US status. Since he is not in status you will have to put that down. This then could lead to serious issues when INS sees that. I'm not saying they might deport him, but they could because now they have a verified document showing you are harboring an illegal alien.

You definatly will need a lawyer for this one...


I'm just a wanderer in the desert winds...

Timeline

1997

Oct - Job offer in US

Nov - Received my TN-1 to be authorized to work in the US

Nov - Moved to US

1998-2001

Recieved 2nd, 3rd, 4th, 5th TN

2002

May - Met future wife at arts fest

Nov - Recieved 6th TN

2003

Nov - Recieved 7th TN

Jul - Our Wedding

Aug - Filed for AOS

Sep - Recieved EAD

Sep - Recieved Advanced Parole

2004

Jan - Interview, accepted for Green Card

Feb - Green Card Arrived in mail

2005

Oct - I-751 sent off

2006

Jan - 10 year Green Card accepted

Mar - 10 year Green Card arrived

Oct - Filed N-400 for Naturalization

Nov - Biometrics done

Nov - Just recieved Naturalization Interview date for Jan.

2007

Jan - Naturalization Interview Completed

Feb - Oath Letter recieved

Feb - Oath Ceremony

Feb 21 - Finally a US CITIZEN (yay)

THE END

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