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My wife came here in F-1 visa, she is out of status now ,what should I mention on N-400,Part 8 E 3 regarding her status?

Los Angeles, CA |

My wife came here in F-1 visa, because of financial problems she was unable to maintain her student status, I already filed her i-130, which was approved and waiting for visa number to become current, I am applying of my citizenship now, so what should I mention about her status on part 8 of N-400? will it be easy for her to get the LPR once I become a citizen? Does she have to go back to the country and come back again? how long will it take for her to be get a greencard once I will be the citizen?

Attorney Answers 3


  1. When completing immigration forms and answering questions in immigration interviews, the answers should always be the truth.

    Yes, she can get a green card after you are a US citizen and petition her.

    You should retain an experienced immigration lawyer, whether myself or one of my colleagues, to review all the facts, advise you, and handle the case.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


  2. Yes you should always be truthful when answering questions on any form you will submit to USCIS. If you have a question with regard to a particular anwser please contact an experienced Immigration Attorney to assist you.


  3. Yes, you should be truthful in answering all the questions on the form.

    Please click the link at the very bottom for additional information.

    ---------
    Carl Shusterman, Esq.
    Former INS Trial Attorney (1976-82)
    Board Certified Immigration Attorney (1986 - Present)
    Schedule a Legal Consultation - Telephonic or In-Person
    https://shusterman.com/intake-secure.html
    600 Wilshire Blvd., Suite 1550
    Los Angeles, CA 90017
    (213) 394-4554 x0
    Web: www.shusterman.com (English)
    www.inmigracion-abogado.com (Spanish)

    (213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.

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