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Question

my wife is illegally here into the usa. she has 3 boys who are american citizens at the ages 40 days old who is my son and two boys from her previous marrage 6 and 7 years old. i am a american and would like advice in what to do to make her legally here in america. she has not been finger printed and not worked here but only as a house wife.

Submitted: 615 days and 9 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Posted by LEV 615 days and 9 hours ago.

Answer

Assuming that you are looking to get a permanent resident status for your wife -

  • in case she entered the US legally - she may be able to adjust her status in the US
  • in she entered illegally - she still may get a permanent resident status, but to complete the processing - she would need to leave the US, and then enter legally.

Please indicate your situation and how long were you married.

614 days and 8 hours ago.

Reply

ARE YOU ABLE TO HELP ME WITH LEGALIZING HER HERE FOR ME AND AT WHAT COST? IF SO I AM NEEDING ASSISTANCE. SHE CAME HERE AS ALL OTHERS HAVE DONE BEFORE AND REMAINED HERE. WE HAVE BEEN MARRIED FOR 2 YEARS NOW.

Posted by LEV 610 days and 17 hours ago.

Answer

I may not act as your attorney and may not represent you in your legal case - that would be outside the service provided by JustAnswer.

I may provide you with information, references and answer most clarification questions. That may be helpful if you filing a petition by yourself.

If you need an attorney who would file on your behalf - you should look for an attorney licensed in your state - I may help you to find attorney referral services if needed.

To address your original question I need to know what type of visa did your wife had when she came into the US and when she became illegal. Is there a deportation process in place?

610 days and 11 hours ago.

Reply

THERE IS NO DEPORTATION PROCESS IN PLACE. WE HAVE BEEN MARRIED FOR 2 1/2 YEARS.

Accepted Answer

Dear David,

you may file a petition for relative alien on behalf of your wife - The USCIS must approve an immigrant visa petition, I-130 Petition for Alien Relative - http://www.uscis.gov/files/form/i-130.pdf . This petition is filed by the spouse - and must be accompanied by proof of relationship - marriage certificate. There is no waiting if the spouse is an US citizen - means the process will be started immediately after the application is accepted. Filing Fee $355. Instructions - http://www.uscis.gov/files/form/I-130instr.pdf

Other forms to be filled :

  • Form I-485 Application to Register Permanent Residence or Adjust Status - http://www.uscis.gov/files/form/i-485.pdf
  • Please review Supplement A to Form I-485 to see if additional fee requirements apply to you.
  • Form G-325A Biographic Data Sheet (Between the ages of 14 and 79) - http://www.uscis.gov/files/form/g-325a.pdf
  • Form I-693 Medical Examination Sheet - http://www.uscis.gov/files/form/I-693.pdf
  • Two color photos taken within 30 days (Please see instructions for the USCIS Form I-485 for more information on photos.)
  • Form I-864 Affidavit of Support (completed by the sponsor) - http://www.uscis.gov/files/form/I-864.pdf
  • Form I-765 Authorization for Employment (if seeking employment while case is processed).
  • Evidence of inspection, admission or parole into the United States (Form I-94, Arrival Departure Record).

That would likely be relatively straightforward procedure if she entered the US legally and overstayed her visa. However depending on her original visa or if she entered illegally - there might be some complications.

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Expert: LEV
Pos. Feedback: 98.7 %
Accepts: 
Answered: 3/24/2008

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Taxes, Immigration, Labor law

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