Current Spouse's Immigration status

[tyler22 4]

As a topic title, I have a question 7 part 10 in N-400, the question is about current my spouse's immigration status. I am applying I-130 to bring my wife to US. What should I fill out in that question. they have a option to check in section 7 part 10. How can I explain in the text-box.

[heyguy 12]

If you're still in the process of applying an I-130 (i.e. your wife has not yet received her IR1/CR1 visa and is not yet even in the country), then you should not be filing an N-400. She won't qualify for naturalization until 3 years following her entry into the US. In other words, N-400 and I-130 should not be filed concurrently.

[vanhiscers87 14]

...and I strongly suggest you hire an attorney for this process: most people here have done so when initially applying for a Green Card. The fact that you're trying to fill N-400 right now means you need someone to explain the whole immigration process for you.

[JimmyHou 611]

As a topic title, I have a question 7 part 10 in N-400, the question is about current my spouse's immigration status. I am applying I-130 to bring my wife to US. What should I fill out in that question. they have a option to check in section 7 part 10. How can I explain in the text-box.

I think that the OP is filling out his own N400 but is asking about what to put down for the question about his wife's immigration status.

The two preceding replies seem to address the I-130 for the wife, whereas the OP is asking about his own N400. If the question is, in fact about the wife's application, then you shouldn't be filing an N400 now.

If you're asking about your own N400, as I think you are, then:

If she is abroad, I would simply type "Abroad - I-130 Pending"

If she is in the US, I would type her current status and add that the I-130 is Pending.

That's what I would do, but I haven't done this myself.

Edited September 7, 2016 by JimmyHou

[heyguy 12]

I think that the OP is filling out his own N400 but is asking about what to put down for the question about his wife's immigration status.

The two preceding replies seem to address the I-130 for the wife, whereas the OP is asking about his own N400. If the question is, in fact about the wife's application, then you shouldn't be filing an N400 now.

If you're asking about your own N400, as I think you are, then:

If she is abroad, I would simply type "Abroad - I-130 Pending"

If she is in the US, I would type her current status and add that the I-130 is Pending.

That's what I would do, but I haven't done this myself.

Good catch! Sorry about that, OP.

[tyler22 4]

Thank for you guy replied my question. I'm sorry about my question not clarify. I mean I applied form I-130 in last year and it was approval in November 25,2015 that mean in case F2A which not CR1 or IR1. But now I get stuck with my application N-400 in section 7 part 10. I confuse with textbox. I should fill out NONIMMIGRANT or something? Anyone has a experiences,please give me advice

[heyguy 12]

I don't have any experience with this, but I think what JimmyHou said would be appropriate. They should know what you're saying if you say "Abroad - I-130 Pending", that is that she is not in the U.S. but an immigrant visa is pending. The link below gives examples of spouse immigration status responses. If you say "None" or "No Status", then they might assume your wife is undocumented within the U.S.. If you say "Nonimmigrant", they might assume that means she's in the U.S. on a non-immigrant visa.

https://www.avvo.com/legal-answers/n-400-spouse-immigration-status-1159697.html

[tyler22 4]

I don't have any experience with this, but I think what JimmyHou said would be appropriate. They should know what you're saying if you say "Abroad - I-130 Pending", that is that she is not in the U.S. but an immigrant visa is pending. The link below gives examples of spouse immigration status responses. If you say "None" or "No Status", then they might assume your wife is undocumented within the U.S.. If you say "Nonimmigrant", they might assume that means she's in the U.S. on a non-immigrant visa.

https://www.avvo.com/legal-answers/n-400-spouse-immigration-status-1159697.html

I found out some information from google "Another common concern is the question about your spouse’s immigration status, particularly if your spouse is living in the U.S. after an illegal entry or a visa overstay. Possible answers to enter here include "adjustment applicant" (if you've started the immigration process for your spouse by filing a Form I-130) or simply "N/A" (not applicable)." I input "adjustment applicant" that is correct?

http://www.nolo.com/legal-encyclopedia/filling-out-uscis-form-n-400.html