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Filed: K-1 Visa Country: Morocco
Timeline
Posted

I wanna to know if to get married while you are filling for naturalization will affect the case anyhow specialy if she came with a student visa and she has to leave the country next month we dont want her to overstay her visa...Any help any advice will be appreciat it And thanks for everyone

Posted (edited)

Are you applying for citizenship based on the 5-year rule?

If so, I think it makes no matter. Apply for citizenship, then once you're a citizen, you can petition for your spouse to return to the US legally and live with you as a permanent resident. Definitely make sure she does not overstay her visa.

Edited by Shub

Timeline:

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

Filed: Citizen (apr) Country: Finland
Timeline
Posted

But you must update the officer during your interview of your changed status and there are some questions about your spouse that will need to be answered. Look on the application under the section information about your current spouse so you'll be prepared with the answers.

CITIZENSHIP:
Eligibility Criteria: 5 years
xx-xx-1998: Eligibility Date
11-12-2013: Application Sent
11-19-2013: NOA Date
11-19-2013: Check/Money Order Cashed
11-22-2013: Bio-metric Letter sent Date
12-05-2013: Bio-metric Date
01-10-2014: In-line for Interview
02-06-2014: Interview Letter Received
03-12-2014: Interview Date

03-21-2014: In Oath Scheduling Que

03-24-2014: Oath Scheduled Notice Mailed

04-09-2014: Oath Ceremony

Posted

Yes im filling under 5 years.we thought it will be a good idea if we get married and then she will travel back to morroco and that i can file for her After..

That is probably the best way to handle it.

Timeline:

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

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

Here's the thing: when you go into the interview, the officer will place you under oath. Then he or she will cover each question in the application N400, and one of those questions is are you married. REmember, you are under oath, so you must answer truthfully. So just be prepared with the answers and documentation (marriage certificate etc.). Or wait until you're naturalized to get married if there are any questions you wish to avoid answering regarding getting married.

Edited by Birdo

CITIZENSHIP:
Eligibility Criteria: 5 years
xx-xx-1998: Eligibility Date
11-12-2013: Application Sent
11-19-2013: NOA Date
11-19-2013: Check/Money Order Cashed
11-22-2013: Bio-metric Letter sent Date
12-05-2013: Bio-metric Date
01-10-2014: In-line for Interview
02-06-2014: Interview Letter Received
03-12-2014: Interview Date

03-21-2014: In Oath Scheduling Que

03-24-2014: Oath Scheduled Notice Mailed

04-09-2014: Oath Ceremony

Filed: K-1 Visa Country: Morocco
Timeline
Posted

I just was concerned about if they will think that i m trying to let her stay here leglly speacily cause she came with student visa so i was worry about my case i dont wanna take the risk..and we cant wait till i get my naturalization done cause she will overstay her visa which it will make things worst.

Posted

I don't think you have anything to worry about as far as your naturalization application is concerned.

Once you apply for her to immigrate back to the US legally as your spouse, you will have to prove the bona fide nature of your relationship, and then again when you apply to remove the conditions of her permanent residence (I-751), basically the whole spiel you probably have been through yourself if you came to the US on a K-1 visa. So USCIS may probe the relationship a little more based on the timeline (note: I'm not saying that they would, just that they might), but your situation can't be all that uncommon, and if you've been honest and continue to be honest, it should all go well.

Timeline:

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

Filed: Citizen (apr) Country: Tunisia
Timeline
Posted

I wanna to know if to get married while you are filling for naturalization will affect the case anyhow specialy if she came with a student visa and she has to leave the country next month we dont want her to overstay her visa...Any help any advice will be appreciat it And thanks for everyone

Hello If you are not married yet then don't worry about it even though that you are under oath. I mean you are not married to her so your answer will be of course no.

Now she doesn't have to go back because she is overstaying, as long as she is enrolled in classes her visa will be still valid even though if it surpassed the expiration date. The department of homeland security allow student to stay legally in the US with the expired VISA as long as they are enrolled. If they get out of the US for 1 day then they won't be able to get back until they renew the VISA.

I was an F1 student before I became a resident and I know this process since I had to go through it.

If you want to get married to her, wait until you get done with your naturalization process and then get married her and apply her (it's a bit faster then sending her back to her home country).

Good luck.

Filed: Citizen (apr) Country: Italy
Timeline
Posted

I agree with the above poster... Have her enroll in classes so she can stay here... Get your citizenship, marry, then apply for her to adjust status. She can stay here in the USA with you without seperation in morocco... Any overstays are forgiven when you apply for adjustment of status. If you have proof of an ongoing relationship, no worries about fraud issues... Good luck

10/14/2000 - Met Aboard a Cruise ship

06/14/2003 - Married Savona Italy

I-130

03/21/2009 - I-130 Mailed to Chicago lockbox

11-30-09: GOT GREEN CARD in mail!!!!!!

Citizenship Process;

1/11/2013: Mailed N400 to Dallas Texas

3/11/2013: interview.. Approved

4/4/2013. : Oath! Now a U.S. citizen!

Filed: Citizen (apr) Country: Tunisia
Timeline
Posted

Do u think they will think as it is a fraud!

no its not fraud. To be honest i don't see any form of fraud. I mean she is here legally. You going to get citizenship. You will get married, and then she applies for adjustment of status. All normal. I went through that. Ukraine not kidding you. I was at school when i married my wife.

 
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