N400 Spouse immigration status?

[Neville Katrak]

Hi All,

There's a question in N400 asking about current spouse's immigration status with two options: PR and "Other (Please explain)" with a box next to it.

The spouse is living in her home country whereas the husband (applicant) has been working in the US since past 10 years. She had a dependent visa when her husband first started working in US and visited him twice for 1 month each on that visa, but once that visa expired and the husband got a green card, the US embassy in her home country refused to give her a visitor visa to visit him because apparently, spouses of greencard holders are not allowed to visit US until the husband gets citizenship as they could have immigrant intent and stay back. She tried to apply again a year later trying to convince them that she only wanted to visit him for a couple of weeks like earlier, but they clearly refused. So she has not been able to visit him in the US since past 5 years.

Therefore curious as to what exactly should be written in the box next to "Other"?


Thank you for the help!

[rayb]

The spouse has no immigration status. "None" would be an appropriate response

--Ray B

Hi All,

There's a question in N400 asking about current spouse's immigration status with two options: PR and "Other (Please explain)" with a box next to it.

The spouse is living in her home country whereas the husband (applicant) has been working in the US since past 10 years. She had a dependent visa when her husband first started working in US and visited him twice for 1 month each on that visa, but once that visa expired and the husband got a green card, the US embassy in her home country refused to give her a visitor visa to visit him because apparently, spouses of greencard holders are not allowed to visit US until the husband gets citizenship as they could have immigrant intent and stay back. She tried to apply again a year later trying to convince them that she only wanted to visit him for a couple of weeks like earlier, but they clearly refused. So she has not been able to visit him in the US since past 5 years.

Therefore curious as to what exactly should be written in the box next to "Other"?


Thank you for the help!

[Neville Katrak]

The spouse has no immigration status. "None" would be an appropriate response

--Ray B

Thanks Ray, it seems NONE would be apt.

Just one more question - once the husband gets the citizenship, what options does the spouse have? I believe that it would take just 2-3 months for the spouse to get the greencard but she has no intention of staying back in the US with him plus I think that she would need to visit US compulsorily every 6 months or something to keep the greencard status, which she wouldn't be able to. Am I correct? If so, can she apply for another type of visa like any regular tourist or would that be a problem and her only option is greencard?

[rayb]

Once the petitioner has Naturalization status, it will take 5-6 months to convert the spouse to Green Card status. If the spouse does not maintain her GC status, and abandons it, she can be re-petitioned in the future, or can apply for a visitor visa in the future.

-Ray B

Thanks Ray, it seems NONE would be apt.

Just one more question - once the husband gets the citizenship, what options does the spouse have? I believe that it would take just 2-3 months for the spouse to get the greencard but she has no intention of staying back in the US with him plus I think that she would need to visit US compulsorily every 6 months or something to keep the greencard status, which she wouldn't be able to. Am I correct? If so, can she apply for another type of visa like any regular tourist or would that be a problem and her only option is greencard?

[Neville Katrak]

Once the petitioner has Naturalization status, it will take 5-6 months to convert the spouse to Green Card status. If the spouse does not maintain her GC status, and abandons it, she can be re-petitioned in the future, or can apply for a visitor visa in the future.

-Ray B

So the spouse cannot apply for a visitor visa right away? She HAS to get the green card status mandatorily first?

[rayb]

There is nothing to keep a spouse from applying for a visitor visa, though a denial is a high probability.

--Ray B

So the spouse cannot apply for a visitor visa right away? She HAS to get the green card status mandatorily first?

[Neville Katrak]

There is nothing to keep a spouse from applying for a visitor visa, though a denial is a high probability.

--Ray B

Oh okay, thanks!