How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Expert James Your Own Question

Expert James
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7453
Experience:  Experienced in all aspects of immigration and nationality law.
23431962
Type Your Immigration Law Question Here...
Expert James is online now
A new question is answered every 9 seconds

I am us citizen marriage to brazilian woman who came to us

Resolved Question:

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?
Submitted: 10 months ago.
Category: Immigration Law
Expert:  Expert James replied 10 months ago.
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.

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 want me to answer questions in the future, just go to Ask Expert James an Immigration 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!
Customer: replied 10 months ago.
So what package i should send over to imigration what forms should send firts, also i need to send the i 485.
Expert:  Expert James replied 10 months ago.
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.

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!
Customer: replied 10 months ago.
I get how about the i864 when i send the over.?
Expert:  Expert James replied 10 months ago.
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 10 months ago.
I have to pay the fee for all the questions i have, i din't known how works
Expert:  Expert James replied 10 months ago.
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.

Does that make sense?
Customer: replied 10 months ago.
Ok but after i check i can still reply, or i have to pay every time
Expert:  Expert James replied 10 months ago.
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!
Expert James, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 7453
Experience: Experienced in all aspects of immigration and nationality law.
Expert James and 2 other Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Immigration Lawyer

    Satisfied Customers:

    30464
    10+ years of experience in various aspects of U.S. Immigration Law.
  • http://ww2.justanswer.com/uploads/GE/GeorgetownLawyr/2011-6-16_115959_MeatOffice.64x64.JPG Georgetown Lawyer's Avatar

    Georgetown Lawyer

    Immigration Lawyer

    Satisfied Customers:

    8543
    10+ years of Immigration Experience in All Areas A-Z complex immigration cases & issues in all areas
  • http://ww2.justanswer.com/uploads/personwilt/2010-1-10_164828_person1.jpg Wilton A. Person's Avatar

    Wilton A. Person

    Immigration Lawyer

    Satisfied Customers:

    3550
    Knowledgeable and experienced immigration lawyer.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2889
    Private practice in several areas, including immigration
  • http://ww2.justanswer.com/uploads/Assielle/2008-12-13_165256_2_edited.jpg Law Girl's Avatar

    Law Girl

    Lawyer

    Satisfied Customers:

    451
    My law firm practices immigration law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    238
    B.A.; M.B.A.; J.D.
  • http://ww2.justanswer.com/uploads/VI/Vilnius100/2012-7-12_193419_Gintare.64x64.JPG Gintare Grigaite's Avatar

    Gintare Grigaite

    Immigration Attorney

    Satisfied Customers:

    185
    Expert Immigration Attorney