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Expert James, Immigration Attorney
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I am us citizen marriage to brazilian woman who came to us

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I am us citizen marriage to brazilian woman who came to us from mexico ( without visa) in 2004, we have a. 8 year old daughter. Whay to do?
Hi there! Thank you for using this service. My name is XXXXX XXXXX I'll be helping you with your questions today.

There is only one immediate option for resolving this issue.

First, you will submit form I-130, Petition for Alien Relative. Once it is approved, your wife will be notified that she must pay the Immigrant Visa Application fee for the case associated with the approved I-130 petition. The US consulate abroad will inform you both when that will happen.

Then your wife will submit form I-601A, for a provisional waiver. She must show that a US citizen or permanent resident will suffer extreme hardship if she is ineligible to come back to the US for a long period of time. If approved, this will allow her to continue the immigrant visa process from outside the US, without subjecting her to the 10-year ban that she would be subjected to if she leaves the US without it.

Information on the Provisional Waiver: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=bc41875decf56310VgnVCM100000082ca60aRCRD&vgnextchannel=bc41875decf56310VgnVCM100000082ca60aRCRD.

This site provides great information on how to apply for the waiver and what is considered "extreme hardship": http://www.scottimmigration.net/content/i601memo.

She can wait in the US for this provisional waiver to be adjudicated. Once approved she will leave the US and complete the immigrant visa process from abroad. She will have to wait out the process of getting the immigrant visa, which could take 3 to 6 months. If approved, she can come back to the US and be a permanent resident upon entry. She will receive her green card in the mail in about 4 to 6 weeks.

This is the only option that would help her right now. Otherwise, she will remain in the US illegally, in the hopes that the law will change to benefit her. There is no specific plan in the works right now for that to happen. But it may be in the near future. It all depends on Congress passing the law that helps her.

Please know that while I always do my best to assist customers with coming up with a good solution to their situation, from time to time, the law does not provide a good solution to every situation. Please do not hold bad news against me by giving me a negative rating.

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Customer: replied 3 years ago.
So what package i should send over to imigration what forms should send firts, also i need to send the i 485.
Right now, you only have to send in the I-130 and a G-325A for you and G-325A for her, along with supporting documents and the fee.

No, she cannot submit the I-485. That is for people who entered the US legally. Your wife did not enter the US legally, so she is not eligible for the I-485.

She will do consular processing from outside the US, not I-485 from inside the US.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

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Customer: replied 3 years ago.
I get how about the i864 when i send the over.?
Customer

I just want to confirm that you understand how this service works and how Experts get credit for assisting you. Do you understand how this works?
Customer: replied 3 years ago.
I have to pay the fee for all the questions i have, i din't known how works
The only way I get credit for helping you is if you click on one of the top three faces you see. Please make sure you do that once you get an answer.

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Customer: replied 3 years ago.
Ok but after i check i can still reply, or i have to pay every time
You can still reply. You don't have to pay again when you ask follow-up questions here.

As I mentioned, right now you only submit form I-130 and G-325A.

The I-864 you will submit when the National Visa Center tells you to submit it. It is not submitted with the I-130.

I hope I have answered your questions. If you need more help, please use the reply button to continue our conversation. If you do not require further assistance, kindly rate my satisfactory customer service (not the outcome or the state of the law which I cannot control) with a top-three rating, as this is the only way I receive credit for assisting you.

A bonus is appreciated, if you feel I've earned it.

If you have immigration or TSA questions in the future, just click Ask Expert James a Question! and make sure you write "FOR JAMES" in the subject or at the beginning of your question. This is the only way to ensure that I will assist you.

Thank you!
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