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FeniX

Wife illegal alien - Can USCIS deny citizenship?

By FeniX in US Citizenship General Discussion

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FeniX Apprentice

FeniX   0

Posted
Filed: AOS (apr) Country: Poland
 Timeline
Posted (edited)

hi,

Soon I will be applying for USC (N-400 form). Since I got married 2 months ago as a LPR, I will have to report my wife on N-400 form. Currently my wife is in USA on B1 visa. what can happen to me in case my wife overstays her visa? can USCIS deny my naturalization application?

Thanks.

Edited by FeniX

K's USCIS N-400:

01/26/2009 Priority mail sent

02/02/2009 I-797C sent

02/03/2009 check cashed $675

02/05/2009 I-797C receipt received

02/09/2009 I-797C Fingerprints appointment notice

03/05/2009 Fingerprints 2pm, Elizabeth, NJ

03/27/2009 Fingerprints 12pm, Elizabeth, NJ - BIOS problem, need to redo

06/01/2009 Interview 1pm, Newark, NJ

06/01/2009 Ceremony of Oath taken - now a CITIZEN :)

S's USCIS I-485 & I-130 & I-765:

06/03/2009 Priority Mail sent (chicago lockbox)

06/06/2009 Delivered

06/12/2009 Notice of receipt date

06/13/2009 check cashed $1,365

06/15/2009 Notice of receipt received (I-130, 485, 765)

*07/09/2009 Original Biometrics appointment notice for I-485 AOS & I-765 EAD

06/27/2009 Biometrics cancellation notice received

07/02/2009 Fingerprints taken (walk-in)

07/15/2009 Notice of Interview on 09/10/2009

07/28/2009 EAD approved, card in production!

08/06/2009 EAD received

09/10/2009 Interview: APPROVED! :-)

09/18/2009 Green card received, hooray! :D

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YuAndDan Grand Master

YuAndDan   153

Posted
Filed: Citizen (apr) Country: China
 Timeline
Posted (edited)

You asked this yesterday, you wont get a different answer today.

See: http://www.visajourney.com/forums/index.php?showtopic=43632

Edited by YuAndDan

OUR TIME LINE Please do a timeline it helps us all, thanks.

Is now a US Citizen immigration completed Jan 12, 2012.

1428954228.1592.1755425389.png

CHIN0001_zps9c01d045.gifCHIN0100_zps02549215.gifTAIW0001_zps9a9075f1.gifVIET0001_zps0a49d4a7.gif

Look here: A Candle for Love and China Family Visa Forums for Chinese/American relationship,

Visa issues, and lots of info about the Guangzhou and Hong Kong consulate.

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FeniX Apprentice

FeniX   0

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted
You asked this yesterday, you wont get a different answer today.

See: http://www.visajourney.com/forums/index.php?showtopic=43632

just asking a question. don't bother if you answered already to something similar I posted somewhere else.

K's USCIS N-400:

01/26/2009 Priority mail sent

02/02/2009 I-797C sent

02/03/2009 check cashed $675

02/05/2009 I-797C receipt received

02/09/2009 I-797C Fingerprints appointment notice

03/05/2009 Fingerprints 2pm, Elizabeth, NJ

03/27/2009 Fingerprints 12pm, Elizabeth, NJ - BIOS problem, need to redo

06/01/2009 Interview 1pm, Newark, NJ

06/01/2009 Ceremony of Oath taken - now a CITIZEN :)

S's USCIS I-485 & I-130 & I-765:

06/03/2009 Priority Mail sent (chicago lockbox)

06/06/2009 Delivered

06/12/2009 Notice of receipt date

06/13/2009 check cashed $1,365

06/15/2009 Notice of receipt received (I-130, 485, 765)

*07/09/2009 Original Biometrics appointment notice for I-485 AOS & I-765 EAD

06/27/2009 Biometrics cancellation notice received

07/02/2009 Fingerprints taken (walk-in)

07/15/2009 Notice of Interview on 09/10/2009

07/28/2009 EAD approved, card in production!

08/06/2009 EAD received

09/10/2009 Interview: APPROVED! :-)

09/18/2009 Green card received, hooray! :D

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Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

Good idea to post your question in here Fen. I was gonna suggest that to you.

Hopefully there is SOMEONE who has actually gone through the experience that can tell you what happened with their application.

Yu and Dan, someone may be in the same situation as Fen and is not reading questions posted in the AOS forum. This is a much better forum for him to look for information regarding citizenship issues.

He very may well get a different answer.

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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Satellite Proficient

Satellite   1

Posted
Filed: Citizen (apr) Country: Russia
 Timeline
Posted (edited)

One thing that was not mentioned in the other thread is that you can file for your I-539 extension of B1 status. Even if you get denied, while they are looking over the application your wife has legal status. So you can buy yourself time by not filing for an extension until the the day before your wife's status expires.

An I-589 application for asylum will also buy your wife time in status assuming she has "some" colorable claim. These take close to a year to review. If you get an interview before she is out of status, then you aren't harboring any "illegal" aliens as others have suggested.

To grant or deny you citizenship based on your wife's status is completely in the discretion of the USCIS officer doing your interview and reviewing your application. I don't know if an attorney can give you an answer either way. If you want an opinion, then I think this will have no bearing on your application.

If you get naturalized in the normal processing time then it really won't matter what status your wife is in. Her overstay will be forgiven when you file for her adjustment. Also in the worst case scenario if she is picked up by ICE when she is out of status, deportation hearings drag out quite a while too. Depending on the local court's calendar, you could be looking at 6 to 12 months before an individual hearing assuming you ask for a form of relief. One example would be an asylum application. That will certainly buy you time.

But the call is yours to make.

Edited by Satellite
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Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted

Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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FeniX Apprentice

FeniX   0

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted
Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

wow, thanks for you opinions. buying some time via B1 extension is right now exactly what we try to do. we'll see what's next when the decision from USCIS is released, she can always try to extend again when the decision was positive :)

never heard of using asylym petition, but that's also interesting issue :)

K's USCIS N-400:

01/26/2009 Priority mail sent

02/02/2009 I-797C sent

02/03/2009 check cashed $675

02/05/2009 I-797C receipt received

02/09/2009 I-797C Fingerprints appointment notice

03/05/2009 Fingerprints 2pm, Elizabeth, NJ

03/27/2009 Fingerprints 12pm, Elizabeth, NJ - BIOS problem, need to redo

06/01/2009 Interview 1pm, Newark, NJ

06/01/2009 Ceremony of Oath taken - now a CITIZEN :)

S's USCIS I-485 & I-130 & I-765:

06/03/2009 Priority Mail sent (chicago lockbox)

06/06/2009 Delivered

06/12/2009 Notice of receipt date

06/13/2009 check cashed $1,365

06/15/2009 Notice of receipt received (I-130, 485, 765)

*07/09/2009 Original Biometrics appointment notice for I-485 AOS & I-765 EAD

06/27/2009 Biometrics cancellation notice received

07/02/2009 Fingerprints taken (walk-in)

07/15/2009 Notice of Interview on 09/10/2009

07/28/2009 EAD approved, card in production!

08/06/2009 EAD received

09/10/2009 Interview: APPROVED! :-)

09/18/2009 Green card received, hooray! :D

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virginian Enthusiast

virginian   0

Posted
Filed: AOS (pnd) Country: Turkey
 Timeline
Posted
Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

I know of a friend who became a citizen while his wife was illegally staying here. So I agree with the above statement.

Good luck to you during your citizenship journey!

12/30/1999 -marriage to a US Citizen

01/31/2005 - applied for AOS (sent documents to Chicago lockbox)

03/21/2005 - Biometrics and fingerprinting done in Norfolk

11/14/2005 - Interview letter dated November 7th is received

01/23/2006 - Interview at Washington DC - APPROVED

02/03/2006 - RECEIVED MY PERMENANT RESIDENT CARD

10/31/2008 - Filed N400 at TSC

11/04/2008 - Application Received

11/28/2008 - Fingerprinting done in Norfolk VA

02/23/2009 - Interview in Dallas TX - not enough evidence on marriage -given till 03/23/2009 to submit all the necessary documents

2009 - CITIZEN

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FeniX Apprentice

FeniX   0

Posted
Filed: AOS (apr) Country: Poland
 Timeline
  • Author
Posted

Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

I know of a friend who became a citizen while his wife was illegally staying here. So I agree with the above statement.

Good luck to you during your citizenship journey!

:) Thank you

However we will use first all possible options for buying some more time for her to stay legally. Hopefully it all works out before she becomes out of status.

K's USCIS N-400:

01/26/2009 Priority mail sent

02/02/2009 I-797C sent

02/03/2009 check cashed $675

02/05/2009 I-797C receipt received

02/09/2009 I-797C Fingerprints appointment notice

03/05/2009 Fingerprints 2pm, Elizabeth, NJ

03/27/2009 Fingerprints 12pm, Elizabeth, NJ - BIOS problem, need to redo

06/01/2009 Interview 1pm, Newark, NJ

06/01/2009 Ceremony of Oath taken - now a CITIZEN :)

S's USCIS I-485 & I-130 & I-765:

06/03/2009 Priority Mail sent (chicago lockbox)

06/06/2009 Delivered

06/12/2009 Notice of receipt date

06/13/2009 check cashed $1,365

06/15/2009 Notice of receipt received (I-130, 485, 765)

*07/09/2009 Original Biometrics appointment notice for I-485 AOS & I-765 EAD

06/27/2009 Biometrics cancellation notice received

07/02/2009 Fingerprints taken (walk-in)

07/15/2009 Notice of Interview on 09/10/2009

07/28/2009 EAD approved, card in production!

08/06/2009 EAD received

09/10/2009 Interview: APPROVED! :-)

09/18/2009 Green card received, hooray! :D

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aussiewench Mentor

aussiewench   9

Posted
Filed: IR-1/CR-1 Visa Country: Australia
 Timeline
Posted
Hi fen,

I have it from a really reliable source that your wife being out of status will not affect your eligibilty for citizenship.

Source please

You can find me on FBI

An overview of Security Name Checks And Administrative Review at Service Center, NVC & Consulate levels.

Detailed Review USCIS Alien Security Checks

fb2fc244.gif72c97806.gif4d488a91.gif

11324375801ij.gif

View Timeline HERE

I am but a wench not a lawyer. My advice and opinion is just that. I read, I research, I learn.

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Killer_Clown_2009 Proficient

Killer_Clown_2009   0

Posted
Filed: Lift. Cond. (pnd) Country: Canada
 Timeline
Posted (edited)

One source was an immigration lawyer from an immigration forum.

Second source was my ex boyfriend (US laywer) who presented the question to his immigration lawyer ( ex boyfriend used to be a LPR, now citizen).

Edited by jane2005

2001 Met

2005 Married

I-485/I-130

12/06/2006-------Mailed I-130/1-485

12/16/2006--------Recieved NOA 1 (I-130 & I-485)

12/18/2006--------Touched I-130/I-485

01/20/2007--------Biometrics

05/10/2007 -- Interview, Approved!

05/22/2007 GREEN CARD arrives!!!

02/2009 - File to lift conditions

I-765

12/14/2006--- Mailed EAD App.

01/20/2007--- Biometrics

02/09/2005-------Sent in request to Congressional office for assistance with expediting EAD.

02/13/2007 -------- EAD Approved!

02/26/2007 - ------EAD received

Removal of Conditions:

05/12/2009 -- Overnighted application by USPS express mail (VSC).

05/14/2009 -- Green Card expired.

05/23/2009 --- Check cleared bank.

05/26/2009 -- Received NOA (NOA date May 15, 2009, guess they aren't deporting me).

05/29/2009- Biometrics Notice date

06/01/2009- Received Biometrics Letter

06/18/2009 - Biometrics

09/23/2009 - date of decision to approve (letter received), just waiting for card. No online updates whatsoever.

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