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Results 1 to 3 of 3

Thread: My overstayed wife...how do we file?

  1. #1
    My name is George Rich and I have been married to my wife since 2001, and we have two kids together. She came to this country, with her aunt, sometime between 1984-1986 from the Bahamas islands. She was between age 5 and 7 at the time. She did enter by plane, with passport, and was issued an I-94 form. Since arriving she has finished education through high school. And I'm guessing her status is now an overstay, but her neither her parents has ever received any sort of deportation letter on her. Furthermore, her aunt lost her I-94 form and the passport that she now has was renewed in 1993 and has no record of any arrivals and/or departures. So not only do we not have the written evidence, my wife's aunt and mother cannot remember the dates of last arrival, I-94 #, etc. Which leads to us not having any documents/factual information available to present as evidence of legal entry.

    Also, now that we are able, we want to apply for her permanent residency or her citizenship...not sure which one. But I have a slight confusion on which forms to use. I got a "general"¯ form list from an attorney that said I should use: I-485, I-130, I-131, and I-765. Is all these forms needed?

    Other Questions:

    1. What is the least expensive and least number of forms to file for my wife?
    2. The I-485 and I-765 asks for date of Last Arrival, A#, I-94#...must this be exact, or can I estimate and they will thoroughly research for accuracy?
    3. The I-485, Part 2 aks for application type...would my situation be: (a) an immigrant petition giving me an immediately available immigrant visa number has been approved?
    4. Must I file form I-131 (Application for Travel), if my wife is already here in the U.S. and we are not planning on leaving the country while in the INS process?

  2. #2
    My name is George Rich and I have been married to my wife since 2001, and we have two kids together. She came to this country, with her aunt, sometime between 1984-1986 from the Bahamas islands. She was between age 5 and 7 at the time. She did enter by plane, with passport, and was issued an I-94 form. Since arriving she has finished education through high school. And I'm guessing her status is now an overstay, but her neither her parents has ever received any sort of deportation letter on her. Furthermore, her aunt lost her I-94 form and the passport that she now has was renewed in 1993 and has no record of any arrivals and/or departures. So not only do we not have the written evidence, my wife's aunt and mother cannot remember the dates of last arrival, I-94 #, etc. Which leads to us not having any documents/factual information available to present as evidence of legal entry.

    Also, now that we are able, we want to apply for her permanent residency or her citizenship...not sure which one. But I have a slight confusion on which forms to use. I got a "general"¯ form list from an attorney that said I should use: I-485, I-130, I-131, and I-765. Is all these forms needed?

    Other Questions:

    1. What is the least expensive and least number of forms to file for my wife?
    2. The I-485 and I-765 asks for date of Last Arrival, A#, I-94#...must this be exact, or can I estimate and they will thoroughly research for accuracy?
    3. The I-485, Part 2 aks for application type...would my situation be: (a) an immigrant petition giving me an immediately available immigrant visa number has been approved?
    4. Must I file form I-131 (Application for Travel), if my wife is already here in the U.S. and we are not planning on leaving the country while in the INS process?

  3. #3
    If you have an attorney it is advisable to ask questions if you are unclear on procedure. Are you a US citizen? If you are then you will petition for your wife's permanent residency, which comes first, and then after a couple of years she can later apply for citizenship. For this segment of the process, you can read all about it on the USCIS we site. http://www.uscis.gov. Look under FAQ->Family-> how do I bring my spouse to the USA and then How to Adjust....

    Think of these as two processes or steps (even though you will file them together). There are also other forms required for each process - the Petition for Alien Relative (I130) and the Adjustment of Status (I485). I suggest you read the instructions for each form. If you don't have the instructions they are also available on the USCIS web site.

    To answer your questions..
    1. There are a set number of required forms for this process. The cost is what it is.
    2. Estimate to the best of your ability on the date information. If they need more information they will ask.
    3. Application type is correct
    4. An I-131 travel document is optional. With an overstay situation, such as this, I would not advise that your wife leave the country until she has PR (green card), as she is likely to face a 10-year bar from re-entry if she does.
    The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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