Doing a quick search, I found that many people have asked similar questions in the past. Im asking my own, because laws are constantly changing, and any fresh insight would be really appreciated.
Ive been a LPR for many, many years. Just now Im applying for Naturalization (havent filed yet/will do so in the next couple of weeks)
Ive been married for 16 years; marriage not registered in the US. My wife is a Canadian citizen. Shes never had her passport (or any other document) stamped at the border.
I know that once I become a Citizen, times are relatively short to adjust her status.
My two questions are:
1. Can I apply for her now, before I become a Citizen, without her having to go back to Canada?
2. Will my naturalization process be negatively affected because Im married and live with a person with no status? Can that become an issue during the interview? Can I be denied Citizenship because of this? Will INS send agents to pick her up and deport her after my Citizenship interview? (ok, so its more than two questions... sorry)
Thanks
i had similar situation, canadian citizens are allowed to stay in the US for up to six months i believe. my wife and i and our son moved to the US in august 2007, i right away applied for ther i130, later i found out it would be faster if i naturalize, i applied for naturalization, in january i was sworn in after applying in august, this is not saying it will happen that fast for you, some take a year or more. i upgraded my wife and childs i130 to immediate relative of citizen, applied for travels docs, and work permits, all granted in about may, 08, by october 2008 they had there green cards, my wifes was a conditional because we had been married only 2 years.
we also did get a lawyer just incase anything happened. my advice to you, get a lawyer, have her come stay with you, wait to apply for her until you get citizenship, apply for travel document and work permit at same time so she can leave the country and reenter legally. but if she is living with you while you are waiting for your citizenship, i would advise her not to leave the US, but she should still be able to. again, this is my experience with a similar situation, but consult a lawyer as i did.
Niche,
Did she enter the US legally (even if they didnt stamp her passport, they might have swiped it and recorded her entry in the system). How long has she overstayed?
Ive been a LPR for many, many years.
What prevented you from applying for naturalization long ago? Your own choice, or do you have criminal issues in your past?
She entered legally. Passport wasnt even shown when she last crossed. Shes overstayed for several years. The more I think about this, the more I can see how obvious it is that I should wait for my citizenship to go throug. Should I be worried that the question about my wife negatively affects my interview process?
As for your second question, it is by choice that I hadnt applied yet.
Canadian wife, GC holder