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Hi I am filing for an adjustment of status for my wife who…

Hi I am filing for an...
Hi
I am filing for an adjustment of status for my wife who has been illegal since 2000 but has been working and filing taxes in the US since 1996. When reading through the documents I read that if the person has more 40 credits he or she is eligible to file I-864W. Now my question is: does it apply to her or should I have my brother sponsor her considering that I don't make enough.
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6/24/2010
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,841
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Unfortunately, illegal work does not count. Take a look at this link:

 

http://www.murthy.com/news/n_affsup.html

 

So she will need a joint sponsor which can be any U.S. Citizen or U.S. Lawful Permanent Resident age 18 or older that makes enough money. It does not have ot be a family member nor a household member.

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,841
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Customer reply replied 8 years ago
should she use the I-864W and have a joint sponsor file the I-864A or how does it works?
As I mentioned before, she cannot file the I-864W because illegal employment doesn't count. You as the primary sponsor, since she cannot qualify for the I-864W, must always submit an I-864 even if you do not qualify because you do not make enough money. Then you find a joint sponsor to file another I-864.
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Customer reply replied 7 years ago
I have another question when filing the I-130 it is asking for my wife's occupation, in reality she is a nurse but her work permit had expired since 2000. Should I put Nurse and the address of her employer or should I put none to avoid certain risks.
Just leave it blank.
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,841
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
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Customer reply replied 7 years ago
does it mean that I have to leave blank the employment history on the G325-a form? As I stated earlier she has been filing her taxes every year.
Yes, I leave that blank for my clients as well.
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Customer reply replied 7 years ago
I am sending both the I-130 and I-485 to the lockbox at the same time should I send one copy of the following: mariage certificate birth certificate and form G325a (for petition and applicant) for the I-130 and another for I485.
I would send the following things all at the same time: I-130 (Petition for family member), I-485 (application for Lawful Permanent Residency), I-765 (Application for work permit), I-131 (Application for Advance Parole - but do NOT apply for this with 180 days or more of being illegally in the U.S.), G-325a (Biographic data - one for each of you), I-864 (Affidavit of support). You will need to file each form with supporting evidence and appropriate filing fees. You can find these forms at www.uscis.gov. Don't forget the medical exam (read the instructions on the I-485) and the police clearance letters as well.


The supporting evidence that you would file would be birth certificates, marriage certificate, divorce certificates if either of you have been married previously, proof of your U.S. Citizenship, proof of your spouse's legal entry into the U.S., and financial documents to prove your income over the last year at least.

 

In about 3 to 5 months after filing, he should get a work permit. About 5 to 7 months after filing you should get a marriage interview. If all goes well, a few weeks later he should get a Residency status (green card).

Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 113,841
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
Verified
Guillermo Senmartin and 87 other Immigration Law Specialists are ready to help you
Ask your own question now
Customer reply replied 7 years ago
my question if I should attached a g-325a for I-130 and another one for I-485 or just one should be enough.

One I-130, on I-485 and two G-325A, one for you and one for her. You don't need one for the I-130 and one for the I-485. You need one for you and one for her.

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Customer reply replied 7 years ago
thanks
Customer reply replied 7 years ago

is it the same for the mariage and divorce certificates?

A copy of each, but you will need certified copies of the originals at the inteview.
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Customer reply replied 7 years ago
ok
Good luck!
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