Foreign Wife was legally married but later passport expired. Need green card and permanate status?

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I wish we had done this better however it got sloppy and now I'm worried my wife won't be allowed to stay in the US.


We started about 2 years ago; She lived in Thailand, I visited her often and she decided to join an culture exchange program called Au Pair. It sounded great at first. Once she was done with training they sent her to the states. Our plan had been that her in the program would give us a chance to get used to living in the same country and seeing each other everyday, if she likes it here, and to have a year to decide if married is what we really wanted.

But the program quickly turned out to be a complete nightmare. They should be shut down by the Government for human trafficking. The first "family" she was sent to was a single man with a boy. He tried to force himself on her and she quickly left, saying, "My son wants you to be his mommy." We found out the last nanny was 18, spoke very little english, and he also tried to very aggressively "date' her too.

The second family seemed much better, "a thai woman, white guy, and two kids." But yet again he had more in mind than her just being a nanny, the last nanny left after only 3 days. When he found out she was engaged he became enraged; ate all of her food (she made only $200 a month), searched through her room when she was gone, didn't pay for her college which was apart of the contract, and when she became seriously ill he refused to take her to the hospital. She was sick with a fever with over a month, coughing day and night like somebody dieing of lung cancer.

We got married shortly after, when he kicked her to the street suddenly because she wouldn't refuse to break off our engagement, and "spend the evenings with his family instead of going out with her friends.", in other words meaning to work 14 hours a day.

She was alone in that state with no one to go turn too. I received the call from her right as I was on my way to a business trip two states away. We were legally married within a couple of days. But losing that contract with my employer set us back severely as far as finances go, so we put off the green card until we were ready but her passport expired within that time, not to mention the Visa.


On the green card papers it says, "You must show tax returns worth of 3 years beyond the poverty level based on family size."

Up until recently however, I was living in Japan as apart of a teacher volunteer program, and when I went back to the US I returned to College full time, living with a friend, again bringing in very little income while i completed my education.

Last year I made enough to be beyond that line with a family size of two, and this year I'm doing excellent. $4-7,000 a month. I can show them our bank account to prove it. We are financial stable, neither of us have a criminal background or even driving tickets. She has a family who has agreed to give her 2k/month as a nanny while she also goes back to school for a MA once she has her green card.

She has lots of people who can be used as personal references. But I'm worried about the previous income that I made, and us being so late to complete the green card process, now that her passport has expired.

It also was never our intention to turn a bushiness visa just so we could get married as soon as she got here then leave the job and I know that's going to look bad.

Can you give any advice on what we should expect, or how do we begin this process?

Thank you for your input. Working through government processes always seems overly confusing and vague.
 
Expired passport: No big deal
Expired visa: No big deal
Income below poverty level last year: Somewhat a big deal. I'm sure you won't have any problems securing a co-signer. It sounds like you will need one.

Next thing for you: Since you are now married, start collecting the needed evidence to show prove of bona fide marriage before filing for AOS.

To be on the safe side, consult a lawyer to rule out any possible complications that could arise after you have already filed for AOS. Otherwise, all should be well.

How long has she been in the USA? When did her visa expire?
Good luck with you new Thai wife. Thai women are pretty cute...
 
Thanks, that's what I was hoping. It wouldn't really make sense for the Government to have an issue as them denying her a green card would just be cheating themselves out of taxes.

She's actually been in the US for about a year and a half now. 8 months under the business visa. It expired 4 months later. We've been married for 10 months.

I used to think that Japanese women were the most beautiful, then I was introduce to Thai :D They are as spicy as the food.

When you say "needed evidence" do you mean just the Marriage Certificate that was signed by the Judge and County Office or things like Photos, letters, and other things to prove
we have a legitimate relationship? Lol, because I'm pretty sure I've got much more than what they would care to look through.
 
"Evidence" would be like joint bank statements and utility bills and other accounts or assets held jointly or interrelatedly (e.g. she is the beneficiary of your life insurance and/or a dependent on your health insurance). Of course, the marriage certificate is also necessary.

Photos are useful if they show both of you together at the wedding or at famous landmarks (preferably far away ... a fake couple is generally not going to travel 1000 miles to be at the Grand Canyon or Empire State building). But don't send photos with the application. Pick a few and bring them to the interview.

There is one potentially complicating factor -- when did you get engaged? The US visa application she submitted a couple years ago required her to list any fiance living in America. Did you get engaged after she entered the US with the visa?
 
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What is preventing her from renewing her passport? Thailand has consulates in the US, she should be able to renew her passport through one of them. However don't send her passport for renewal until after taking a copy of the identifying pages, visa, I-94, arrival stamp etc. from the old passport, since you'll need those for her GC application. And if the Thai govt. will keep the old passport, it's probably better not to renew it at all until after the green card is approved.
 
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What process would it require to renew her passport.... I didn't know anything about that! My wife just corrected me... I guess the Au Pair program wasn't a business visa. it was a student visa. J1. Does that change anything?

Her passport expired on Feb2011, And it has a note that says, "American INST For Foreign Study, Bearer is not subject to section 212(e) 2 year rule does not apply.
 
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