GC through marriage

N

neffernin

Registered Users (C)
I know there is lots of information in this forum and I've dug through it a lot but would like someone to give me an idea if my understanding of law and turn of events is correct.

Here's the facts on my case:

  • I just got married to my wife a few days ago.
  • She has been staying in this country illegally on an expired legal visitors visa.
  • We have proof in the form of a passport (which means legal entry into the country, the passport is stamped even though the picture on it is her as an infant).
  • She is now 22, her parents brought her here when she was 1-2 years old.
  • She has attended all of her schooling in the US, and is close to getting an associates degree in community college.
  • Her father just got his green card which he applied for a few years ago. (She was under 21 when he made his original application but did not include her or her sister).
  • She still resides in the US on the 20-years expired visitors visa.
  • She has no criminal record, is healthy, has no credit.

I would have chosen to get married later, but got married with the idea that I can use it to bring her into the country legally sooner (I do love her as well :). Below is what I understand is the chain of events per another post and seems like the most reasonable pathway for us to take:

I file the I-130 for petition for alien relative.
She files the I-485 for green card application, the I-693 for medical related to green card application, I-765 for work visa, the I-131 so she can travel while green card is under review, and the I-864ez which I fill out to show proof of income/support (I have W2's I guess which qualifies me for the ez).
We file G-325A, 2 for her and 1 for me. One of each is included on the I-130 and one of hers is included with the I-485.


A couple of questions:
1. Given what you guys have seen before are there any complications I should expect to have due to the expired visa?
2. I can send both the I-485 and the I-130 together (albeit separated in envelopes or whatever)? The post wasn't extremely clear on this.
3. Is there any given amount for needed support (per the I-864 document)? Just curious if I earn enough a year or if there are income requirements.
4. Am I best served to hire a lawyer, or will all they do for me is fill out the paperwork above as outlined per this site and submit it for me? Sadly enough the lawyer my now sister-in-law got seems to have just collected her information to fill out these forms and has given her no advise in terms of what she should do for proof of living together and stuff like that... not to mentioned been very slow and disinterested at doing it.
5. Since she has no credit and no US ID or current mexican passport I am going to have a hard time getting her added to my accounts to show proof of her living with me. I'm guessing I should get her to get a newer valid passport from the consulate so I can do so.

Thanks for any of your time, I look forward to releasing my girl from this prison the broken immigration system has trapped her in.

And I understand none of you are lawyers, just looking for direction in this crazy world.
 
She files the I-485 for green card application, the I-693 for medical related to green card application, I-765 for work visa, the I-131 so she can travel while green card is under review, and the I-864ez which I fill out to show proof of income/support (I have W2's I guess which qualifies me for the ez).
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it's a NO-NO for her to use I-131, since it will trigger a 10-year ban on entering the US.
File everything else in the same packet.

1. Given what you guys have seen before are there any complications I should expect to have due to the expired visa?
Click to expand...
does she have proof that she entered with inspection, like her [I-94]?
2. I can send both the I-485 and the I-130 together (albeit separated in envelopes or whatever)? The post wasn't extremely clear on this.
Click to expand...
you really should. I'd say - you must.

3. Is there any given amount for needed support (per the I-864 document)? Just curious if I earn enough a year or if there are income requirements.
Click to expand...
yes, it's 125% of poverty line in form I-864P

4. Am I best served to hire a lawyer, or will all they do for me is fill out the paperwork above as outlined per this site and submit it for me? Sadly enough the lawyer my now sister-in-law got seems to have just collected her information to fill out these forms and has given her no advise in terms of what she should do for proof of living together and stuff like that... not to mentioned been very slow and disinterested at doing it.
Click to expand...
you can do everything yourself provided your wife has proof that she entered the US legally, with an inspection by an immigration officer.
 
First, thanks very much for your help. My wife has had to live a very low-key life scared of being shipped to an unfamiliar culture... its horrible.

I-131 makes sense. I don't know if she has an I-94. I will have to check on that.

How will it affect things if she doesn't have an I-94?

More notes:

Not sure if this matters or will help, on her passport it has a fancy multi-colored looking stamp which says:

Embassy of the united states of America Mexico, D.F
Mexican Border Crossing Identification Card and B-1/B-2 NonImmigrant Visa
Issued on July 17 1990
Faded word Indefinitely for multiple applications for admission to the united states as a temporary visitor for business or pleasure.

There is a smaller simpler red stamp that says:
U.S. Immigration 394 SDP 130
Aug 9 1990
Admitted Until ___________
 
Hrm, after some reading up it seems as though the U.S. Immigration 394 may be the "I-94" you speak of. Can someone confirm this for me?
 
Neffernin, are you a US citizen? If not, you'll need to become one if you want her to get a green card through marrying you.
 
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