need help

[FICKBO]

My wife from Costa rica was cought working Illegally in 1994, she went to court was told to leave 3 months after the baby was born(this was 03/1995) I met my wife and married her in 2001 here in colorado, she finnaly went home in 06/2006 because she was afraid of being caught,and we kinda never tried to get her status fixed, anyhow she and our 3 US born children are in Costa Rica with their Mother, How do I start to get her back here, I have been told too many different things, please help me

[FICKBO]

My wife from Costa rica was cought working Illegally in 1994, she went to court was told to leave 3 months after the baby was born(this was 03/1995) I met my wife and married her in 2001 here in colorado, she finnaly went home in 06/2006 because she was afraid of being caught,and we kinda never tried to get her status fixed, anyhow she and our 3 US born children are in Costa Rica with their Mother, How do I start to get her back here, I have been told too many different things, please help me

[Kollerkrot]

Are you an American citizen? If so, start by filing a I-130. That would get the ball rolling.

[FICKBO]

I was told that because she was under deportation orders the I 130 was a waste of time and money, I have that one ready to go actually, I was told that I need a freedom of information act, to find out what her penalty was at the time of her hearing, she was caught working with 80 other non citizens, since she was pregnant the judge said she did not have to leave until 3 months after the baby ws born, then she just stayed and survived. since the hearing was so long ago we don't know what the judge handed out, maybe the time has passed or maybe it starts at the time of leaving the country??? anyway hoping to get a definitive answer on what exactly I must do next, this has already cost enough time and money. thanks

[JF2007]

talk to an experienced immigration attorney.

[Kollerkrot]

So go and put it for the papers from FOIA. That is a free service. They might not have anything at all - who knows. People, USCIS especially, looses papers all the time. You need to know what they have on her, so you can fight that specifically. You said she was caught working in 1994 that's quite some time ago. If I remember correctly, people can reapply after 5 years and/or if there was substantial change of the previous conditions.

[Theone]

She has a 10 year ban on re-entry, from the date of leaving.

You go the normal route of IR1 or K3 and when she is refused her visa at the Consulate interview you file a waiver - I 601.

See www.visajourney.com and if it is working wwww.immigrate2us.net