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Help... I married an Illegal Alien W/ No papers

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  • Help... I married an Illegal Alien W/ No papers

    My wife came from Peru on an AuPair visa... she overstayed her papers which required her to leave after one year or be banned from the US from a certian period of years. She has now been in America for over 3 years.


    One day her friends car was towed that had all of her papers was impounded. They didn't get the car or the papers back and they are now gone. (her passport and the proof of entry into America)


    She has her copy of the Au Pair document but we have been told that it is just about worthless.
    We have gotten married and I want to be able to travel to Peru with her to see the country. Anyone out there know any good lawyers who have dealt with this type of situation?


    Thanks,
    Barry

  • #2
    My wife came from Peru on an AuPair visa... she overstayed her papers which required her to leave after one year or be banned from the US from a certian period of years. She has now been in America for over 3 years.


    One day her friends car was towed that had all of her papers was impounded. They didn't get the car or the papers back and they are now gone. (her passport and the proof of entry into America)


    She has her copy of the Au Pair document but we have been told that it is just about worthless.
    We have gotten married and I want to be able to travel to Peru with her to see the country. Anyone out there know any good lawyers who have dealt with this type of situation?


    Thanks,
    Barry

    Comment


    • #3
      File the 1-130 for her. In some instances overstaying a visa will be forgiven by virtue of marriage to a USC. She cannot leave the country until the adjustment of status is complete and she has advanced parole to travel. Under no circumstances must she leave until thats done. It could be 2 or more years. I would go ahead & file the 1-130 at the service center for your area and await a response from them. Don't get a lawyer until the AOS interview.

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      • #4
        If your wife was an au pair she probably came in on a J visa. See if the paper she has (I'm assuming it is the IAP-66) indicates whether she is or is not subject to the 2 year foreign residence requirement.

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