If i’m out of status should my spouse who is a green card holder file for citizenship with my name on her application?

I’ve been legally out of status here in the U.S. for about 5 years now. I’ve been married to a green card holder for the past 2 years. She’s eligible to apply for citizenship but we’re worried about putting my name on her application as a spouse because of my status. Would omitting my name from her citizenship application get either of us in trouble? Particularly when she files to adjust my status after acquiring her citizenship? Can she claim to be unmarried on her citizenship application? We have not filed for anything jointly as a couple yet.

Asked on July 20, 2017 under Immigration Law, New Jersey

Answers:

SB Member California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she should answer all questions on the application truthfully and it should not affect your ability to adjust status once she is naturalized as long as you entered the US lawfully and can prove that lawful entry.  Are you eligible for DACA in the meantime?


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