need help. not sure what to do

[nwidjaja]

Here is our story. I am a US citizen and my wife is basically an illegal immigrant. We have been married for 8 1/2 years and have 2 children. I do volunteer work from home and watch the children and she works albiet illegally it seems full time. 8 years ago we filed our paperwork and it was subsequently lost. We had 2 state reps try and help us but to no avail. Since my wife had started working we could not start over and quite frankly did not have the money to do so.

We would finally like to get her legal to stay here and to work but are afraid she could be deported and/or lose her job which would destroy the family obviously. Although I do not make enough according to immigration status she does and my parents have offered to vouch for her or whatever it is called. Also, her passport is no longer valid. What should we do. We can pay the fees and the like but doubt we can afford an immigration attorney. Can she be deported even though she is married to me and has 2 children with me. This is not a fake marriage for green card status obviously. How can we go about getting her legal to work and get the green card and anything else you can help with. thanks

[ari4u]

Originally Posted by nwidjaja

Here is our story. I am a US citizen and my wife is basically an illegal immigrant. We have been married for 8 1/2 years and have 2 children. I do volunteer work from home and watch the children and she works albiet illegally it seems full time. 8 years ago we filed our paperwork and it was subsequently lost. We had 2 state reps try and help us but to no avail. Since my wife had started working we could not start over and quite frankly did not have the money to do so.

We would finally like to get her legal to stay here and to work but are afraid she could be deported and/or lose her job which would destroy the family obviously. Although I do not make enough according to immigration status she does and my parents have offered to vouch for her or whatever it is called. Also, her passport is no longer valid. What should we do. We can pay the fees and the like but doubt we can afford an immigration attorney. Can she be deported even though she is married to me and has 2 children with me. This is not a fake marriage for green card status obviously. How can we go about getting her legal to work and get the green card and anything else you can help with. thanks

You have been married for 8.5 years and have two kids and you are still together. This itself is a proof that your marriage is not fake. I dont know what the chances of her being deported are (but i "think" they are very slim). You could look for Pro Bono lawyers in your area who can give you free advice and get you started in the right direction. Good Luck!

[nwidjaja]

thanks. does anyone else have any ideas also? I am not even sure of what forms I need or the steps I need to take. We are afraid to even get her passport update to current.

[tangysings]

Was she admitted to the US legally?

Anyhow, all the forms you will need are on this page.

http://uscis.gov/graphics/formsfee/forms/i-485.htm

Download the i-485 packet. You will probably also want to apply for employment authorization (EAD) which is the form i-765.

Read the instructions carefully first and if you have any questions, you are welcomed to contact me.

Also if her foreign passport has expired, you will need to go apply for another one.

[ari4u]

Originally Posted by nwidjaja

thanks. does anyone else have any ideas also? I am not even sure of what forms I need or the steps I need to take. We are afraid to even get her passport update to current.

Renewing passport might be difficult as certain consulates/embassies check for valid US status before they can proceed with extending/renewing the passport.

[nwidjaja]

Yes she entered the US legally with a student visa. During this visa she got married to me and has been ever sense. We did file all the paperwork which was lost and by then she had a job and it was too risky to reapply. She is from Indonesia. I would be pissed as all hell if she was deported considering.

[nwidjaja]

I forgot another question. I found forms I-134 and I-864. My wife is married to me but I do not make enough to support her. My parents have stated they would sponsor her and they are retired but are pretty well off. Which form should be filed and who should fill out which form? thanks

[e17345]

Hey, I dont believe you should be concerned about deportaion as you have 2 kids and have been married for 8 years. however, because your case is comlicated, you may want to save engough money for a lawers. Your whole future and the future of your kids depends on doing it right, finally.

So, just ask around, find a lawers who will not charge you too much for their services, and work with him on figuring out what your options are. Honestly, noone on this board can provide you with sound advice that will be better than someone who practices the law.

Hope this helps. You can explain your situation to the immigratin attorney, be honest, and seek advice. Once you know what your options are, you can make a decision.

As per finding money to pay for the legal help, just do whatever it takes. I cleaned houses, bathrooms, and whatever else I could do to save money...

[e17345]

Obviously don’t do anything wrong, illegal, or immortal. Just earn money the right way, seek advise from the legal representative and you will be just fine!

Good luck!

[Anahit]

Originally Posted by nwidjaja

I forgot another question. I found forms I-134 and I-864. My wife is married to me but I do not make enough to support her. My parents have stated they would sponsor her and they are retired but are pretty well off. Which form should be filed and who should fill out which form? thanks

If you're going to do this with an attorney, he/she will advise you on this, of course. However, to answer your question now - For sponsoring someone's GC you don't need to fill out I-134. It is the form I-864. You're sponsoring your wife's GC, so you should fill out I-864 even if you have no income. And, if it is not enough, then you need to have a joint sponsor, who alone should meet the requirements to sponsor your wife. A joint sponsor would fill out the second I-864. If you use both your parents' income (in case they don't meet the requirements separately), then one of them would fill out I-864, the other on - I-864A.
You can get some information for your case here: http://uscis.gov/graphics/howdoi/lpreligibility.htm#a

[cherr1980]

It is better that you try to find a job. It is my understanding that once you submitt the papers your wife shouldn't continue working illegaly until she receives her employment authorization.
Since she is an immediate relative of a USC her overstay even if it has been for 8 long years it is forgiven and she can adjust her status.
I don't want to sound negative, but to be an immediate relative of a USC and have children doesn't guarantee that you won't be deported. I am not saying that it will happen actually I just read like 2 cases about it, should be a very bad luck if that happens, but had happened in the past.
Saying that you shouldn't be afraid, by law her status can be adjusted you just must read a lot all the forms and get money to pay the fees. Review all the forms after fill them out and make copies of all your/her documents. It is not necessary to send originals on the forms.
Good luck,

[nwidjaja]

We found an attorney who will charge a flat fee of $1500 for everything. I assume this is not too bad? He said it would take about 10 business days to prepare the paperwork and about a month after that for work authorization. He stated because she is working illegal he may be able to get a waiver because she is the sole bread winner(at least on paper) and her loss of work would create a hardship on the usc and children. Does everything sound ok there? thanks

[rudinator1]

Don't worry about your wife illegal status. You need to File I-485, I-765 (Work Permit), read carefully on I-485.

The INS will NOT ask anything about your wife status during interview because she's married to US Citizen. Working illegally, Overstayed Illegally will completely MUTE/DEAD if married to US Citizen. It's automatically forgiven.

[payala]

I just don't think she can get the work authorization only a month after you send in all the forms. Thats waaay to soon I think. I think he's just exagerating a little...maybe a lot.

[asdrubal22]

Originally Posted by rudinator1

Don't worry about your wife illegal status. You need to File I-485, I-765 (Work Permit), read carefully on I-485.

The INS will NOT ask anything about your wife status during interview because she's married to US Citizen. Working illegally, Overstayed Illegally will completely MUTE/DEAD if married to US Citizen. It's automatically forgiven.

thats TRUE, save yourself the $1500 looks like it makes a difference for you. i've been in the same scenario, you just need to apply for her, and i think its better if you do it yourself, and follow it up, other than losing the case again..

good luck