Immigration Issues/applying for citizenship
Hello, I am married to a green card holder who has not filed tax returns for the last four years since he has not worked in the US. He wants to apply for citizenship and thus file for me to regularise my status. I am currently in the US on a valid visitors visa B2 and I have not overstayed on the time given by USCIS. I am also interested in starting college in the fall and have my two children with me who were both born here the eldest is 4. Can you please tell me what are our options? Can he file for citizenship without tax returns? Can he file for me without me having to leave the US? WHat about filing for a student's visa? I am very confused about our options and not sure which is the best one for my situation. Thank you so much for your response
If your husband has not filed tax returns because he has not worked in the US, then how is able to maintain himself. He should be able to explain this.
He can file for N-400 (citizenship) if he has a valid reason for not filing tax returns, if not I would suggest that he consult with a tax professional on setting it right.
If he files for citizenship it would take around 7-12 months depending on the state he applies, during this period you are required to be in status. Changing to F-1 student in your case should be difficult since you are married to a permanent resident and have an intent to reside in the US permanently.
I suggest that you contact an immigration lawyer to explore all your options.