Can the wife status affect my application?

[Junola 0]

Hi,

I am asking this for a family member who is shy about joining the VJ community. My cousin is ready to apply for US Citizenship. He has a wife and 2 kids. The wife is a French citizen who has been in the US for over 4 years so obviously overstayed. The 2 kids are US citizens because they were born here. He is filling out his N400 application and there is an area where it's asking for the spouse name and address. He is afraid the USCIS may deny his application since his wife who lives in the same address as him overstayed. Is that gonna be a problem or no? if it is what's his options? He already understand that legalizing his wife will be a problem because she overstayed however he would like get his citizenship first before dealing with his wife's case. FYI they got married while the wife was visiting the US a few years ago.

Thanks for your help

[ConcordUser 18]

Hi,

I am asking this for a family member who is shy about joining the VJ community. My cousin is ready to apply for US Citizenship. He has a wife and 2 kids. The wife is a French citizen who has been in the US for over 4 years so obviously overstayed. The 2 kids are US citizens because they were born here. He is filling out his N400 application and there is an area where it's asking for the spouse name and address. He is afraid the USCIS may deny his application since his wife who lives in the same address as him overstayed. Is that gonna be a problem or no? if it is what's his options? He already understand that legalizing his wife will be a problem because she overstayed however he would like get his citizenship first before dealing with his wife's case. FYI they got married while the wife was visiting the US a few years ago.

Thanks for your help

May be your friend should consult an attorney and get better advice.

[VanessaTony 3,567]

No his wife's status will not affect his status.

[I AM NOT THAT GUY 5,715]

He already understand that legalizing his wife will be a problem because she overstayed however he would like get his citizenship first before dealing with his wife's case. FYI they got married while the wife was visiting the US a few years ago.

Thanks for your help

It won't be a problem as long as she entered the US legally. The day after he takes the oath, he can send in the I-130 and I-485 for his wife. Wife's only concern would be if she left the US in the meantime before those are adjudicated. In that case, she would face a reentry ban.

Edited February 23, 2012 by ☼

[Junola 0]

Thank you guys I knew I would get some good advices from VJ. Now he is a little concerned about ICE storming to his house to deport his wife. By telling the USCIS that his wife overstayed and is here illegaly could that trigger a deportation notice to his wife?

[NickD 203]

What about the status of your cousin, an LPR for at least five years? Wife was told by our attorney way back when, she could petition for her unmarried 21 year old son the day she became a LPR, but was advised to wait even three years until she became a US citizen as the process would go much quicker, even with that three year extra wait. Also know a spouse has precedence over an unmarried over 21 son.

This is a very gray area for me, but it "seems" your cousin as an LPR could have petitioned for his wife at the time she was here legally and is a question about learning this at the time this occurred.

On the positive side, since my wife was working at patient assistance she got involved with illegals that had US born children here that were caught, they do deport the husband, but not the wife, hey, I don't make the laws, because they figure the wife is needed to take care of the children. But at the same time, not permitted to work, but with no husband around to support them. So on this basis, don't think they will deport his wife.

My only advice would be to find a good immigration attorney to sort this out.

In our case, recently, within the last couple of years, finally heard about the NVC, another government agency I have never even knew existed that determines who can come here with limits and have been instructed to concentrate on immigrants from Africa and the middle east. In so many words, you are dead meat if your immigrant is in Latin America. Discussed this issue with my senator, tells me he is helpless in this matter. We have a large home, have money, and a place for him to stay, doesn't make any difference. Just wait.

Spent six years of my life fighting for this country, was told against socialism, more like dictators, feel like we really have a problem with dictators here.

[I AM NOT THAT GUY 5,715]

Thank you guys I knew I would get some good advices from VJ. Now he is a little concerned about ICE storming to his house to deport his wife. By telling the USCIS that his wife overstayed and is here illegaly could that trigger a deportation notice to his wife?

As long as Obama is president, and his wife doesn't commit a serious crime, her chances of being deported are nil. That could all change at any time, or with the next election.