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ASEuromail · Jul 29, 2013, 04:00 PM

Hi.
I am a permanent resident of the United States.
In 2011 I have married a woman who was here on a "work and travel" visa.
She has overstayed her visa now, we also had a child together, the child was born here in the USA.
I have applied for citizenship so I can legalize my wife, however, I was told by the USCIS representative over the phone that It will throw a red flag on my citizenship application that I am married to an undocumented alien, and that my wife cannot get her legal status anyway because she overstayed her visa by 280 days.
Are there any ways out of this mess?
What shall my steps be besides hoping and waiting for the immigration reform...
I have an infopass appointment at the local USCIS office, to speak with someone else, in person, but not sure if that will be helpful or not...

smoothy · Jul 29, 2013, 04:54 PM

She overstayed... thats an automatic 10 year ban... she didn't respect our laws...

Nothing else matters... advise you go to her home country... sorry to be so blunt... but there are lines of people who are willing to follow the rules and only so many available chances every year. if they get her... she will be detained... for a period before deportation... if she leaves on her own... it at least looks a little better on her file.

lawanwadee · Jul 30, 2013, 08:56 AM

Wait until you become naturalized, then petition immigrant visa for your wife. This will trigger a 10 years bar but still doable. Consult experienced immigration attorney.

newacct · Jul 30, 2013, 01:57 PM

That person is completely wrong about that second part and doesn't know what they're talking about.

As long as you're a citizen, your spouse can adjust status as long as she entered the U.S. legally. It doesn't matter if she has overstayed for 20 years. It does not affect the green card application at all.

As for whether being married to someone who has overstayed will affect your naturalization application, I don't know. I have never heard of it being a problem.

smoothy · Jul 30, 2013, 03:07 PM

Assuming it was directed my way, I don't know what I'm talking about?. I've actually been through this... I had lawyers involved.. I had the help of high ranking people in the government working my my behalf dealing with the INS. And that was before they cracked down and became ever stricter post 9/11.

Being a citizen doesn't make it automatic... and it doesn't guarantee that she ever can get it... child or no child.

I also am good friends with someone who is a citizen... had a child born here... who despite a decade of legal action and legal fees... the courts ruled the wife will never get a VISA or a Green card... (and she has no criminal convictions).

They will not be any more forgiving if NEITHER person is a citizen than if they were.

newacct · Jul 30, 2013, 03:12 PM

Originally Posted by smoothy

Assuming it was directed my way, I don't know what I'm talking about?....I've actually been through this.....I had lawyers involved..I had the help of high ranking people in the government working my my behalf dealing with the INS. And that was before they cracked down and became ever stricter post 9/11.

Being a citizen doesn't make it automatic...and it doesn't guarantee that she ever can get it...child or no child.

I also am good friends with someone who is a citizen...had a child born here....who despite a decade of legal action and legal fees...the courts ruled the wife will never get a VISA or a Green card...(and she has no criminal convictions).

They will not be any more forgiving if NEITHER person is a citizen than if they were.

"This person" = "the USCIS representative over the phone". So save your petty arguing for another time. You are not disputing anything I said.

smoothy · Jul 30, 2013, 03:29 PM

Originally Posted by newacct

"This person" = "the USCIS representative over the phone". So save your petty arguing for another time. You are not disputing anything I said.

If what you said = what I said... then why was the first part of that statement needed (being it was rather rudely put)? Because none of what I dealt with was over the phone... but face to face.. and the HEAD of the INS at that point of time was personally involved in my case along with one of the people with the power to cut their funding at that time. I was there for all of it except for that last part for obvious reasons.

My experience is many of the underlings aren't very good at their jobs based on how often they were wrong in my case. And people staffing phone banks are fairly low on the pecking order.