spouse of neutralization applicant

[Chris14]

Hi,
I hope someone has experience or know an answer to this.

I am in the US on an H1B visa and currently on maternity leave under FMLA. My child was born in thee US.
I have requested additional personal leave with my employer which was denied and now have to go back to work in 2 weeks.

However I am also married to a green card holder who applied for the US citizenship in December. My husband submitted his biometrics on January 26 the and we are waiting for his interview appointment ever since. We were hoping to had finished his process within my maternity leave but this did not happen.

Question: as I do not want to go back to work I now need to quit as my additional personal leave request was rejected. Usually I would have to leave the US immediate as I will be out of status. But is there any temporary application we can file till my husband is finished with his process? Also would being mother of a US citizen
have any benefit for me in order to stay? I don't need to travel or work yet. Just need to stay with my son here in the US.

We are German citizen.

Thank you for any ideas or information.

[JPALMA123]

Hey,

The whole process of becoming USC is taking 9-12months, my sister has waited a very long time also about 6-7mnths until she got the interview appt but was cancel due to her going into labor that week....

You really dont have to go back to work if you dont need the money and you can stay in the US as an over stay, but you got to make sure your husband does pass his USC interview.... once he becomes a citizen you can adjust your status to permanent resident even if you over stay the time permitted b/c you came into the country legally..
But you must prove legal entry with I-94.
There is no benefit of your child being a usc since he is not 21 or older.

[Chris14]

Hey,

The whole process of becoming USC is taking 9-12months, my sister has waited a very long time also about 6-7mnths until she got the interview appt but was cancel due to her going into labor that week....

You really dont have to go back to work if you dont need the money and you can stay in the US as an over stay, but you got to make sure your husband does pass his USC interview.... once he becomes a citizen you can adjust your status to permanent resident even if you over stay the time permitted b/c you came into the country legally..
But you must prove legal entry with I-94.
There is no benefit of your child being a usc since he is not 21 or older.

Thank you jpalma123.
We currently can survive without my salary and were planing that I go back to work once we finished my gc.
We have a lawyer who would go to the interview, my husband is in the US since 15 years, with a short break of 3 years when he lived somewhere else for work and he already studied for the test which should be no problem.
Also I was named as his spouse I the application for the citizenship already.
As for the overstay, does that no create a problem for me when applying for the gc as I am pretty much illegal then?