Completed n-400 interview, petition for overstayed spouse

[ac8238 8]

Hi Everyone,

 

As the subject line suggests, I just completed my n-400 interview (recommended for approval) and my IO said I can petition for my spouse right away...does that sound right? Or do I need to wait until I completed the oath?

 

Secondly, can someone clarify what are the exact forms I will need to petition for my wife to adjust her status? Here's her details:

 

• H2B overstayed well past 5 years (10 yr ban if she leaves)
• Currently in the US with me
• Currently not working 

 

From what my research has gathered, I will need to submit the following forms:

 

• I-130
• I-485
• I-765 (do I need this if she's not working?)
• I-131 (not needed if she's already in the US right?)

 

Please clarify/revise as needed...thank you so much for your expertise.

This forum has been invaluable so I appreciate any help there is.

 

All the best.

[Vaug21 14]

2 minutes ago, ac8238 said:

Hi Everyone,

 

As the subject line suggests, I just completed my n-400 interview (recommended for approval) and my IO said I can petition for my spouse right away...does that sound right? Or do I need to wait until I completed the oath?

 

Secondly, can someone clarify what are the exact forms I will need to petition for my wife to adjust her status? Here's her details:

 

• H2B overstayed well past 5 years (10 yr ban if she leaves)
• Currently in the US with me
• Currently not working 

 

From what my research has gathered, I will need to submit the following forms:

 

• I-130
• I-485
• I-765 (do I need this if she's not working?)
• I-131 (not needed if she's already in the US right?)

 

Please clarify/revise as needed...thank you so much for your expertise.

This forum has been invaluable so I appreciate any help there is.

 

All the best.

I-765 is good unless you don't want her to work before her GC.                                   I-131 unless she doesn't want to go home before the GC is approved ,, don't file it

[mr-mrs-hdc 23]

Do not file the I-131 for her.

 

Since she overstayed her visa, it would be useless for her. She could possibly be barred from the country if she leaves.

 

Her best bet is to stay until she has the GC in her hand then she can leave / enter the country freely. 

[ac8238 8]

20 minutes ago, mr-mrs-hdc said:

Do not file the I-131 for her.

 

Since she overstayed her visa, it would be useless for her. She could possibly be barred from the country if she leaves.

 

Her best bet is to stay until she has the GC in her hand then she can leave / enter the country freely. 

Great, that's what I thought too...so pretty much file I-130 and I-485. 

 

46 minutes ago, Vaug21 said:

I-765 is good unless you don't want her to work before her GC.                                   I-131 unless she doesn't want to go home before the GC is approved ,, don't file it

Yea she won't need to work, so I will leave that off.

 

Does anyone know if I can file now or wait until oath ceremony?

[tato2017 41]

you need to have your naturalization certificate on hand before you can file. You can start preparing the forms once you finish the oath ceremony and get you Naturalization certificate then you can send your AOS package.

[aleful 1,905]

exaclty

 

you aren't a USC until the oath ceremony, where you hand in your GC and they give you citizenship certificate at the end of the ceremony

 

you can prepare them, but you have to attach a copy of your certificate for the i130

 

 

[ac8238 8]

6 minutes ago, aleful said:

exaclty

 

you aren't a USC until the oath ceremony, where you hand in your GC and they give you citizenship certificate at the end of the ceremony

 

you can prepare them, but you have to attach a copy of your certificate for the i130

 

 

Yea...that's what I figured too. I don't know why the immigration officer would suggest otherwise...

[aleful 1,905]

you will need to file the i130A as well

 

you are missing some very important forms that you didn't mention

 

the i864 affidavit of support and the i693 medical and vaccination, which is filled out by a civil surgeon approved by immigration

 

the i765 is free, it's not only a work permit, it will authorize her to be legal and travel within the US until her interview, so she won't be out of status anymore, plus with the work permit, she can get her social security number

 

 

[Hypnos 6,576]

 

22 hours ago, ac8238 said:

IO said I can petition for my spouse right away...does that sound right?

As others have stated, you aren't a US citizen until you take the oath. Then, and only then can you petition a spouse as an immediate relative.

 

21 hours ago, mr-mrs-hdc said:

Do not file the I-131 for her.

 

Since she overstayed her visa, it would be useless for her. She could possibly be barred from the country if she leaves.

You are mistaken. Per Matter of Arrabally, an alien with a pending I-485 and a valid grant of Advance Parole isn't subject to the INA 212 three and ten year overstay bars.

Edited July 13, 2017 by Hypnos

[ac8238 8]

On 7/12/2017 at 6:27 PM, aleful said:

you will need to file the i130A as well

 

you are missing some very important forms that you didn't mention

 

the i864 affidavit of support and the i693 medical and vaccination, which is filled out by a civil surgeon approved by immigration

 

the i765 is free, it's not only a work permit, it will authorize her to be legal and travel within the US until her interview, so she won't be out of status anymore, plus with the work permit, she can get her social security number

 

 

Thanks for the additional note about i130a. Also didn't know about i864 and i693. Looks like she'll need to get the physical....but Kaiser doesnt have USCIS approved Drs....:( now its gonna be out of pocket.

 

will she still need a i765 if she already has a ssn from when she came on her H2B? We will want to travel for sure though when she has her GC. Thanks 

[ac8238 8]

8 hours ago, Hypnos said:

 

As others have stated, you aren't a US citizen until you take the oath. Then, and only then can you petition a spouse as an immediate relative.

 

You are mistaken. Per Matter of Arrabally, an alien with a pending I-485 and a valid grant of Advance Parole isn't subject to the INA 212 three and ten year overstay bars.

Sorry, to clarify, should I file the i131 for her as well? Thanks

[Hypnos 6,576]

You should, since it's free to do so and might come in useful. 

[aleful 1,905]

she should still file the i765, it's free and it will give her legal status until the interview