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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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