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Mary Mary

Married to an Overstayer


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Filed: Timeline

I met my boyfriend more than 8 years ago. Soon after we cohabitated and still live at the same address and share the lease, bills and a bank acount. We've been together almost 9 years now. We married 4 months ago and still live at the same address. He was arrested for DV, I didn't file any charges and he was let out within 48 hours later, since he was drunk, and immediately detained by ICE. He was put in detention and had to pay a $5,000 bond and a hearing for removal proceedings was issued for August 2015. He has worked at the same job for 8 years and pays taxes and files returns religiously, annually. He came to the USA for education and overstayed his student visa, by 9 years. 11 years ago he was arrested for a DUI. I am a perm resident and emigrated here in 1998. I am about to file for Naturalization. Theres a question about spouse on the N400 form. Will I be denied due to being married to an overstayer? Initially I intended to file an adjustment of status for him but no longer wish to. He somehow says he has fallen out of love with me and we will work on our marriage. He has a fabulous relationship with my family and my grown children. We don't have any children together. This is his first marriage and my second. Will this prevent me getting my citizenship? I am no longer worried about his status. Please advise. Thanks.

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Filed: Lift. Cond. (apr) Country: China

~Moved from K1 Process to US Citizenship General Discussion~

~inquiry about citizenship, not K-1 related~

Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

"Si vis amari, ama" - Seneca




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I don't see a problem with you applying for citizenship based on the 5-year rule. You have been here legally for a number of years. Make sure you fit the requirements, and if you do, go ahead and apply.

Note that one of the questions in the N-400 form is whether you ever facilitated the illegal entry of an alien into the United States (it's part of the "good moral character" section). If you didn't do that, and it doesn't sound like you did, you're fine!

Keep in mind, however, that if you wish to stay together, it's a long hard road out of the paperwork hell he's gotten himself into.


2005-04-14: met online

2005-09-03: met in person

2007-02-26: filed for K-1

2007-03-19: K-1 approved

2007-06-11: K-1 in hand

2007-07-03: arrived in USA

2007-07-21: got married, yay!

2007-07-28: applied for green card

2008-02-19: conditional green card in hand

2010-01-05: applied for removal of conditions

2010-06-14: 10-year green card in hand

2013-11-19: applied for US citizenship

2014-02-10: became a US citizen

2014-02-22: applied for US passport

2014-03-14: received US passport

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