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Dubon

How to designate husband's status?

By Dubon in US Citizenship General Discussion

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Dubon Newbie

Dubon   0

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Posted

Hi. I'm married to LPR, who is in process of sending out application for naturalization. I'm an overstay since 1996, came in on H4 visa.

When filling out the application, what should my wife put in as my status? Obviously not a citizen nor LPR. I haven't applied for AOS yet, so cannot claim AOE status. What should we do?

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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Hi. I'm married to LPR, who is in process of sending out application for naturalization. I'm an overstay since 1996, came in on H4 visa.

When filling out the application, what should my wife put in as my status? Obviously not a citizen nor LPR. I haven't applied for AOS yet, so cannot claim AOE status. What should we do?

Overstayer

Out of Status

Take your pick.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Kez/JWolf Mentor

Kez/JWolf   6

Posted
Filed: Timeline
Posted
Hi. I'm married to LPR, who is in process of sending out application for naturalization. I'm an overstay since 1996, came in on H4 visa.

When filling out the application, what should my wife put in as my status? Obviously not a citizen nor LPR. I haven't applied for AOS yet, so cannot claim AOE status. What should we do?

Overstayer

Out of Status

Take your pick.

Non-Documented Resident :whistle:

H4 visa expired :innocent:

Illegal Alien :blink:

Just a few more options.....

Kez

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Boiler Grand Master

Boiler   45,541

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Filed: K-1 Visa Country: Wales
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I personally like Undocumented American

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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sparkofcreation Proficient

sparkofcreation   0

Posted
Filed: Citizen (apr) Country: United Kingdom
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Posted (edited)

I would put "Entered on H-4 Visa, currently out of status."

And I would also hire an immigration attorney ASAP because I'd bet they'll start removal proceedings the second they see your wife's application.

ETA: You're not "undocumented" (aka EWI), you're an overstay. There is an ENORMOUS difference ... one that just *might* allow you to stay in the country. So definitely do NOT put that you're undocumented.

Edited by sparkofcreation

Bethany (NJ, USA) & Gareth (Scotland, UK)

-----------------------------------------------

01 Nov 2007: N-400 FedEx'd to TSC

05 Nov 2007: NOA-1 Date

28 Dec 2007: Check cashed

05 Jan 2008: NOA-1 Received

02 Feb 2008: Biometrics notice received

23 Feb 2008: Biometrics at Albuquerque ASC

12 Jun 2008: Interview letter received

12 Aug 2008: Interview at Albuquerque DO--PASSED!

15 Aug 2008: Oath Ceremony

-----------------------------------------------

Any information, opinions, etc., given by me are based entirely on personal experience, observations, research common sense, and an insanely accurate memory; and are not in any way meant to constitute (1) legal advice nor (2) the official policies/advice of my employer.

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