Worried

[little immigrant 801]

I'm a naturalized citizen through my previous marriage. My now husband came with a tourist visa, overstayed and worked for cash. As soon as I naturalized I sent the application to adjust his status and he got his EAD/AP. However I'm worried about this whole situation as I'm not a naturally born US citizen and I'm afraid they'll deny us because he has worked and overstayed. During my citizenship interview I told the officer that I was going to apply for my husband who overstayed but I didn't mention that he worked (she didn't ask). I know that some bars don't apply to immediate spouses of USC but is it the same for naturalized citizens? By the way he filed taxes with his ITIN and now has a SSN. Am I worried for nothing or is there indeed a good reason that we'll get denied? 

[EM_Vandaveer 2,408]

Him overstaying & working won't cause any problems.

You stated that you acquired citizenship through marriage to your ex, a USC.

Depending on the timeline, this may raise some questions.

[little immigrant 801]

Thankfully the officer at the citizenship interview asked about my previous marriage and we talked in detail about it. How my ex and I separated and how I got married again. And I let her know that he overstayed and I'm filing for him. She asked if he asked me to file for him and I said no I insist because I don't want him to have a ban. She did not say much after that and I could tell she didn't like it but also didn't do anything. Then I had my husband come up and bring my backpack with documents I forgot to bring and they saw each other briefly but she didn't call ICE or anything. We went home after the interview and he came to my ceremony. The entire time I was afraid they could take him away from me but now he at least has somewhat authorized stay. 

[geowrian 22,337]

1 hour ago, little immigrant said:

I know that some bars don't apply to immediate spouses of USC but is it the same for naturalized citizens?

Yes. There's only a very small handful of conditions where a natural born USC and a naturalized one are treated differently under the law. Unless you plan to run for POTUS or they determine that you obtained citizenship inappropriately, there's nothing to worry about.

Edit: By "natural born", I'm referring to being a USC at birth. The exact definition of what "natural born" means under the law in terms of running for POTUS is debated.

Edited June 16, 2018 by geowrian

[NancyLyz 58]

USCIS doesn't have the authority to arrest anyone. ICE does but they don't show up at a naturalization ceremony/process. If you really worry about your application, consult with a lawyer even if you're not going to hire him/her to help with your entire application process. And be honest with USCIS officers when they ask about that in the interview. 

 

In addition, they probably will ask about your previous marriage depending on how recent that is. Be prepared to show previous proof that it is a bona fide marriage. 

 

Good luck!