Announcement

Collapse
No announcement yet.

Trying to get LEGAL

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Trying to get LEGAL

    My wife came here 7 yrs ago as a visitor at age 23. She has been married 2 times before me and tried to file her papers each time she got married. The first time she file, she divorced before anything got processed. The second time, a request to send in her I94 was made. She never did it because she couldn't find her I94, but she still has the entry stamp in her passport.

    Since so much time has passed, she is out of status.

    Now that I (a USC) am married to her and trying to take care of things, I wanted to find out, based on her history, and based on some of the issues with 245i I have been reading about, what are the risks to going and filing all the forms by ourselves?

  • #2
    My wife came here 7 yrs ago as a visitor at age 23. She has been married 2 times before me and tried to file her papers each time she got married. The first time she file, she divorced before anything got processed. The second time, a request to send in her I94 was made. She never did it because she couldn't find her I94, but she still has the entry stamp in her passport.

    Since so much time has passed, she is out of status.

    Now that I (a USC) am married to her and trying to take care of things, I wanted to find out, based on her history, and based on some of the issues with 245i I have been reading about, what are the risks to going and filing all the forms by ourselves?

    Comment


    • #3
      File for adjustment of status. Since you are a US citizen and your wife entered legally, you don't have to worry about 245(i). Be prepared for an intense interview to show that your marriage is valid and not just a means for her to remain in the US.

      The Grand Poo-Bah
      Lord Chief Justice, Master of the Buckhounds and Groom of the Back Stairs

      Comment


      • #4
        before filing for her adjustment, you should check if she has been administratively deported in absence already since she never finished any of her previous proceedings. To find out you must file for the freedom of information act (FOIR). If she has been administratively deported, your venues will be completly different and you'll probably have to obtain a waiver of inadmissiability yadi di yadi da... it's very complex. Involve an attorney!

        Comment


        • #5
          You should also anticipate that they will ask for the I-94 again. Usually, an affidavit will take care of the issue.

          mmorales@myronmorales.com

          Comment


          • #6
            How can I file for the freedom of information act (FOIR)?

            Comment

            Working...
            X