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  • citizenship dilemma

    Hi Everyone,

    I became an LPR on Nov 18, 2005 and I am eligible to apply for Citizenship next month or so.

    My wife is a canadian citizen, who joined me to live in the US since May 2007, overstaying her tourist visa. There is no stamp and she's didnt get an i-94 either. We since filed joint taxes and she has her ITIN no as well.

    My plan was to legalize her when i become a USC. Spoke to an attorney in 2007 and he assured everything should be fine. However, the N-400 application seeks to know the current immigration status of wife with two options to choose from - either

    a) LPR
    b) Other.

    Now here in my dilemma :

    If I choose Other and put "visitor" in that space, I might be asked details of her stay in the US and "truthfully" i need to say that she overstayed her visa and that I housed her illegally, violating the "good moral character" requirement for USC. Also, this is punishable (by 250,000 or 5 years jail or both ) by law to willingly aid an illegal.

    If i lie during interview stating that she goes back and forth between US and Canada, I will be able to become USC by lying, but subsequently run the risk of being questioned when I file for I-485 for my Canadian spouse. Its like a catch 22.

    Please give me your insight or if anyone you know had a similar case.
    Thanks a bunch to everyone

  • #2
    Hi Everyone,

    I became an LPR on Nov 18, 2005 and I am eligible to apply for Citizenship next month or so.

    My wife is a canadian citizen, who joined me to live in the US since May 2007, overstaying her tourist visa. There is no stamp and she's didnt get an i-94 either. We since filed joint taxes and she has her ITIN no as well.

    My plan was to legalize her when i become a USC. Spoke to an attorney in 2007 and he assured everything should be fine. However, the N-400 application seeks to know the current immigration status of wife with two options to choose from - either

    a) LPR
    b) Other.

    Now here in my dilemma :

    If I choose Other and put "visitor" in that space, I might be asked details of her stay in the US and "truthfully" i need to say that she overstayed her visa and that I housed her illegally, violating the "good moral character" requirement for USC. Also, this is punishable (by 250,000 or 5 years jail or both ) by law to willingly aid an illegal.

    If i lie during interview stating that she goes back and forth between US and Canada, I will be able to become USC by lying, but subsequently run the risk of being questioned when I file for I-485 for my Canadian spouse. Its like a catch 22.

    Please give me your insight or if anyone you know had a similar case.
    Thanks a bunch to everyone

    Comment


    • #3
      I guess you were waiting for your citizenship before petioning for your wife? Anyway, you have to be truthful on the application. I don't think her status will prevent you from becoming a citizen. Good luck (and once you're a citizen, please fix your wife's immigration status).

      Comment


      • #4
        You will be prosecuted if you admit that she is here illegally. Your best bet is to have her leave and apply after she leaves.

        Comment


        • #5
          Be truthful and you should not be prosecuted.

          If your wife leaves the country, she will be subject to the 10 year bar.

          Comment


          • #6
            Poor guy! This is a confusing thread. I second Mrs. Mani and also back up PUSC.
            “...I may condemn what you say, but I will give my life for that you may say it”! - Voltaire

            Comment


            • #7
              Thanks a bunch guys.. This gives me lil bit of confidence.

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by achinghead:
                Thanks a bunch guys.. This gives me lil bit of confidence. </div></BLOCKQUOTE>

                You're welcome, Achinghead and you can call me Achingarm for the time being. If anyone has a recipe to take away pain other than narcotics, I'm open to suggestions - lol!! Good luck, Achinghead. You'll be okay.

                Comment



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