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ILW.COM Homepage    discuss.ilw.com    discuss.ilw.com    Immigration Discussion    How can i apply for my wife ?? She is out of status.. B visa expired
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<newhere>
Posted
Situation.

Im a united states citizen by birth
I got married to a mexican citizen who came using a b-type visa, already expired
Shes never been under removal procedures
She got GA DL which obtain with her passport
SHe also got a ITIN whatever that is ( IRS # )

We got married last year and i was cheking INS webpage to see the forms we would need to fill out for her to become legal

I saw we need to fill I-130 and G-325a
but, since shes is out of status since her passport is expired we would need to apply for Adjustment of status also

Honestly, we dont have a lot of money right now, since shes is not allowed to work in the states i been taken care of everything, we got married in Tennessee last year, we dont even have photos of that because we use a digital cammera and the pc got messed up witha virus, so theyre gone... we decide to get married while visiting Piegon Forge, Dollywood..(by the way.. dont go to Dollywood.. is too BAD)
So, we dont have a lot of money right now, i wonder if we subbmit I-130, G-325a and the form for EAD so she can get a job... after the I-130 approval can we submit then the AOS ?

Or could INS start a deportation against her once they realize (because of the forms) hes is out of status?

We are trying to do this without a lawyer, but the forms are too complicated... but still we are going to try this way, we cant afford a lawyer right now.

Would someone please let us know the best way to do this?

We would really appreciate your help.

We live downtown Atlanta
 
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<abcde>
Posted
nobody can start a deportation proceeding against her since she is married to a USC..but you have to hurry you do not wat might happen in between..cause if she got caught for something wrong like a parking ticket or whatever they might then check her status and she might be in trouble..i don't know anything can happen so it's better to play it safe and do what you have to do...
 
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<xandtrick>
Posted
It is advised to submit all forms at the same time as this will be much faster.

Otherwise you will need to file I-130 alome and wait for approval and than file EAD, AOS, APD etc.

Money is indeed themain problem most of the time, alltogheter will cost about 700$-800$.

If ou do not have that money, file I-130 alone, at least this will start procedures so your wife will be considered 'legal' so you don't have to worry about the deportation anymore.

The forms are not that complicated at all, just take your time to read them and everything will point out itself, if not you can always come back for help.
 
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<Marie>
Posted
Read the forms real carefully, make a list of documents needed, photocopies are fine, dont send any originals.

She can get deported, being married to you doesn't mean anything. As soon as you file the paperwork, then she'll be allowed to remain in the US while they process the paperwork.

YOu need to file that paperwork asap and I would also file everything together.

We can help you when it comes to the forms, the instructions are pretty clear. I took 2 aspirins and started reading. You just have to make sure you have everthing filled in.
 
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<newhere>
Posted
Thank oyu guys...

xandtrick..

How do we know about I-130 approved?
i mean.. do they send you a letter or so?
how long does this process take?
(i guess we'll send the paperwork to Atlanta INS)

Can we send I-130 and AOS together? that way, she can find a job in the mean time..

One more thing.. they use TWO last-names in mexico...

is like CARMEN SOLANO GUERRA

do we take one off the application?

What if the one applying is a guy?????
(not the case, but in USA wife take housbands lastname)
what would a hispanic guy do?
just take the LAST last-name off??

tks
 
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<newhere>
Posted
i meant to say...

what if we send I-130 and EAD together
 
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<newhere>
Posted
If we fille the whole thing at once...

Would she get the EAD after a few months or until AOS is approved?

what would happen if we just send I-130 EAD and G-325a to start, and after a few weeks the rest.. i mean, AOS, medical thing and affordavit suport???

would that work also?
 
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