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Question about N-400 Part 8 E3 question

Chino Hills, CA |

I am a permanent resident in US for 5 years on June 8, 2013, and I am about to fill-up the N-400 form. However in part 8 E3 question is quite a tricky question for me, because my husband is not a US citizen nor Permanent Resident. He is Taiwanese national and we got married in US 2 years ago. He came here in US using tourist visa when we get married, he never stayed in USA for long probably 1-2 months only every visit, he never intend to live in US illegally, that's why he just visited me every 3 months. How can i fill-up the question E3 without trouble for him to come back in USA. Is there any trouble for him when he visit me if I will put his information in my N-400 as Visitor or better for me to put ALIEN instead?

Attorney Answers 3


If he's here as a visitor, then visitor. If he's abroad, then Chinese national. There will only be trouble if he has done something against immigration laws, based on what you wrote, I don't see a violation. The 1-2 month stays show he never overstayed. If he leaves and comes back intending just to visit, then there's no immigrant intent , though an officer may give him a hard time for being married to a US Citizen. If he leaves and comes back on a tourist visa intending to get married, then there's immigrant intent, which makes him inadmissible.

JP Sarmiento
(216) 573-3712

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You cannot, but you will have to tell the truth anyway.

NYC EXPERIENCED IMMIGRATION ATTORNEYS; email:; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.

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You need to answer truthfully. Eventually you may decide to file for his green card. If you have lied about his visits, there may be trouble for him.

Business Immigration Attorney. For H, L, J, EB5s, PERM and EB1/2/3 Petitions. Call 800-688-7892 or visit Law Office of Anu Gupta. The advice suggested here is for general information only. It is not to be construed as legal advice. We promise to zealously represent you - but as with any legal matter, we cannot predict the approval of your case based on our past successes. Each case is different. If you are in a similar situation, we would recommend that you contact us to discuss your case.

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