Filling N400 - Spouse's Immigration Status

[Julick 0]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

[thea 1]

So you are saying your wife is here on an expired visa and has been for years? Meaning she is here illegally?

I am not sure but for me this sounds like it could impact your citizenship application based on moral character? I know the application is not about her status and application but harboring an illegal immigrant is illegal. Why didn't you make sure your wife has legal status?

[moonhunt 1]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

I don't think it will be a problem for your case.

N400 application is processed based on your information only.

They will more focus on your records for fine, citation, and other things.

Did you file I-130 for your wife?

If you did, and if I were you, for Page 5 Part 8 Question E, I will mark it as "Other", and then write "I-130 processing (Case # XXXXXX) " something like that.

For your martial life, USCIS is more concerned whether you are doing some habitual domestic violence, or not paying alimony, or some other things to judge your moral character.

Part 8 Question E doesn't ask for I-94 number or anything.

[Julick 0]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

I don't think it will be a problem for your case.

N400 application is processed based on your information only.

They will more focus on your records for fine, citation, and other things.

Did you file I-130 for your wife?

If you did, and if I were you, for Page 5 Part 8 Question E, I will mark it as "Other", and then write "I-130 processing (Case # XXXXXX) " something like that.

For your martial life, USCIS is more concerned whether you are doing some habitual domestic violence, or not paying alimony, or some other things to judge your moral character.

Part 8 Question E doesn't ask for I-94 number or anything.

Can she aply for I-130 even if she is illegal (overstay) ?

I was thinking to write for the Status (Other_ "Entered with B1 visa" ).

Do you think I should get a Immigration Attorney ?

[KyngSilva 0]

Moon it could very well be a big issue. Especailly since USCIS has been cracking down on illegal immigrants. It is his application, but his spouse is in the country on an expired visa. If he lies on the application, then his application could be rejected. If he tells the truth, he could put his wife and himself in jeopardy. Like the person above stated he is harbouring an illegal alien. That's breaking a huge law.

Juilck I would first try and get your wifes issue resovled before trying to apply for citizenship. I'd speak to an attorney at least and find out what your options are. I hope the above does not scare you but rather makes you realize that you need to fix your wifes status in this country first. Good luck and keep us posted.

[moonhunt 1]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

I don't think it will be a problem for your case.

N400 application is processed based on your information only.

They will more focus on your records for fine, citation, and other things.

Did you file I-130 for your wife?

If you did, and if I were you, for Page 5 Part 8 Question E, I will mark it as "Other", and then write "I-130 processing (Case # XXXXXX) " something like that.

For your martial life, USCIS is more concerned whether you are doing some habitual domestic violence, or not paying alimony, or some other things to judge your moral character.

Part 8 Question E doesn't ask for I-94 number or anything.

Can she aply for I-130 even if she is illegal (overstay) ?

I was thinking to write for the Status (Other_ "Entered with B1 visa" ).

Do you think I should get a Immigration Attorney ?

If you can afford the immigration lawyer, you should do that.

If you didn't file I-130 for your wife yet, you can just put "Other - B2".

But as KyingSilva said, if you put B1 or B2, it is tricky.

If it is I-130 or something, usually they don't ask for more questions except the info you wrote.

But if you put other non-immigrant visa, they "may" ask for further information and you can NOT lie about that.

N400 application process should be supposed for your circumstance only.

Tricky part is being "Good Moral Character".

Probably it will be better to involve the lawyer to prepare bullet-proof defense for you.

For expired B2 visa holder, and already overstayed for a couple of years, I don't think there is any way to resolve the status except filing I-130 as spouse of US citizen.

You can file I-130 with expired I-94 info as spouse of Legal Permanent Resident, then you can upgrade her I-130 case to the spouse of US citizen when you get naturalized.

But nowadays everybody has different priority, and your wife's case may be getting into trouble, so it is recommended to have the lawyer if you didn't file I-130 yet.

[angel_eyes1976 0]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

just put B2 overstay... like you, i was also scared on what to put there coz i thought it might jeopardize my hubby's stay here... hubby came in with h1b visa but overstayed... but lying on your N400 application will create more trouble for you and possibly your wife... based on my experience, i put there h1b overstay for my hubby's status... come interview for citizenship, the officer knew about it but didn't question me about it... i am now a naturalized citizen and my hubby is now a 10-yr green card holder...

and correct me if i'm wrong, but i think being married to an illegal alien is not harboring an illegal alien... i think they have a specific definition on what harboring an illegal alien means....

[KyngSilva 0]

It doesn't matter if he is married or not, the law is broken. His wife was out of status =)

It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally but has since lost his legal status. -Federal Immigration and Nationality Act - Section 8 USC 1324(a)(1)(A)(iv)(B)(iii)

And I was in no way trying to scare them, but rather letting them know they need to get his wife's status fixed prior to applying for anything. It doesn't reflect as good moral character when you break immigration laws.

[so2008 0]

I will say, go a head and apply, you do not have to wait for 10 years to apply waiting for your wife status to be fixed. You may send I-130 for her and just write I-130 pending or you may just type B2 overstay as the pervious poster stated.

[chavacano 0]

I am an permanent resident who lived in US about 5 years now, and I am preparing my N-400 Application for Naturalization form, the problem is that my wife's B2 visa expired couple of years ago. So now I am trying to figure out what should I enter in field "Spouse's Immigration Status"; should I say entered on B1 visa or should I say that the visa is expired ?

Is there a chance that this issue could cause problems for my citizenship path ?

Thank you so much!

Can you provide an update on your situation. My wife is in the same predicament. She will be eligible to apply for citizenship in December. What did you enter in the "Spouse's Immigration Status"? Did you get your citizenship? Was this issue raised during the interview? Please help...

[SweetApple08 2]

So what is the right way to fill this part of the N-400 application? What is the correct way to put this information? How about if the person came on visitor visa and treid to change to student, but request was denied?

The law about illegal immigrants I don't believe it applies to spouses or children. You cannot put your spouse on the street because their status is illegal, same goes for your child.