Newbie needs advice filing N400

[Mary Mary 0]

I emigrated to the USA in 1998 and have held steady employment. I met my boyfriend 8 years ago and soon after we cohabitated. More than 8 years later, we continue to live at the same address, share a bank account and share the lease. During this time, we talked about marriage since its the moral and ethical thing to do. He was arrested because he was drunk and put in jail for 48 hours. When he was released he was handed over to ICE officials and put in detention. He had a DUI arrest in 20001. Currently, he is out on a $5000 bond and a removal for proceedings hearing scheduled for August 2015. He overstayed his student visa and is an overstayer. Emotionally this was a difficult time for us. A month later we married at the local County Courthouse and my family is so happy for us since they've always supported and loved us. I guess due to the stress we find ourselves growing apart at this time. We've been together a long time in a bona fide relationship. At this time we're having a down time and perhaps it will get better. We're very cordial to each other but I reckon we're losing the love. I would not rush to divorce him unless it was warranted. My family loves and adores him too.

I intend to file for US citizenship soonest. Can I do this whilst being married to an overstayer? How would I state this on my N400? Would remaining married be a disadvantage? What should I do that's best for me at this time?

Your advice, please!

Cheers

MM

[BigDaddy28 228]

Your naturalization process doesn't have nothing to do with your husband. It's all about you. You will be asked who you are married to what date and stuff like that but his removal shouldn't affect your application. Apply for your naturalization and don't be afraid, if you are applying based on year residency your marriage shouldn't be an issue at all.

The interview is all about you and it your husband name will be just mentioned to see how truthful you are when you filled up the application. Good luck to your and your husband.

[Shub 78]

Did you forget about the other thread you opened a couple of days ago or could you perhaps no longer find it? I responded to it back then, although your story is portrayed somewhat differently today from the other day

Anyway, I would refer you to my answer to your original thread at http://www.visajourney.com/forums/topic/473797-married-to-an-overstayer/ but for the sake of consolidation, I'll copy-paste what I said the other day here

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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 and continue to live in America, it's a long hard road out of the paperwork hell he's gotten himself into.

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And to that I would add that overstaying your "welcome" to the US for so long is grounds for being barred from entering the country for 10 years. You can apply for a waiver of grounds of inadmissibility (http://www.uscis.gov/i-601) but this is not something you want to do without legal representation. There are immigration lawyers who specialize in the I-601 waiver and it's a long, hard process.

[Mary Mary 0]

Thanks for your replies.

@ Shub...I met him 5 years after he had been in the USA. We never knew each other before then. He came here for college in 2000, and we met in 2005.

[Shub 78]

Well then, he's in deep trouble but you are applying for citizenship on your own and have done no wrong in marrying him, so I don't foresee a problem with your application!

[DC85 113]

File for citizenship, after you become a usc, find a lawyer and ask him to file a motion in court to dismiss the deportation order as a result of your new status. In such circumstances, the judge will grant a relief in order to allow the AOS. You are in a good shape if you become a USC

Edited January 9, 2014 by myafi1985

[DC85 113]

Did you forget about the other thread you opened a couple of days ago or could you perhaps no longer find it? I responded to it back then, although your story is portrayed somewhat differently today from the other day

Anyway, I would refer you to my answer to your original thread at http://www.visajourney.com/forums/topic/473797-married-to-an-overstayer/ but for the sake of consolidation, I'll copy-paste what I said the other day here

---

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 and continue to live in America, it's a long hard road out of the paperwork hell he's gotten himself into.

---

And to that I would add that overstaying your "welcome" to the US for so long is grounds for being barred from entering the country for 10 years. You can apply for a waiver of grounds of inadmissibility (http://www.uscis.gov/i-601) but this is not something you want to do without legal representation. There are immigration lawyers who specialize in the I-601 waiver and it's a long, hard process.

She dosn't need a waiver, he has over stay, then his status was revoked and they put him in removal proceeding. The 10 years bar will be triggered if he leaves US.

[Shub 78]

So what you're saying is not that he won't need a waiver, just that there's no certainty that he will be removed from the US at this time. But if he is removed, then he will be barred and need a waiver in order to come back, like I said. I should just have been more clear.

Or am I missing something?

[DC85 113]

So what you're saying is not that he won't need a waiver, just that there's no certainty that he will be removed from the US at this time. But if he is removed, then he will be barred and need a waiver in order to come back, like I said. I should just have been more clear.

Or am I missing something?

you are not missing anything. when his wife becomes a USC I am 99% sure he won't got deported however she have to remove the deportation order first so he can do AOS. this relief is granted by Immigration judge. But, she needs to work on her citizenship ASAP.

[Shub 78]

Then we are on the same page -- here's hoping it works out that way if they decide to work on their relationship!

[VetsWife328 7]

One of the questions for citizenship is if you have ever helped an illegal alien to stay in the USA . You DID, you were legal, he was NOT when you guys lived together. You KNEW that, therefore you lost your eligibility to become a US Citizen.

[VetsWife328 7]

"Any person who . . . encourages or induces an alien to . . . reside . . . knowing or in reckless disregard of the fact that such . . . residence is . . . in violation of law, shall be punished as provided . . . for each alien in respect to whom such a violation occurs . . . fined under title 18 . . . imprisoned not more than 5 years, or both."

Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):

A person (including a group of persons, business, organization, or local government) commits a federal felony when she or he:

* assists an alien s/he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him or her to obtain employment, or

* encourages that alien to remain in the U.S. by referring him or her to an employer or by acting as employer or agent for an employer in any way, or

* knowingly assists illegal aliens due to personal convictions.