Help with green card filing for wife.

[JACKIE77]

Hi,
I just became a citizen and I've been married for over 5 years and my wife has never become legal, she overstayed her visa long time ago and now I want to apply for her green card. I am hesitant because I was unemployed in this last year and just got a job back in September 2012. To file an affidavit of support(I-864) I must submit tax documents, which will show unemployment benefits and her income as well since he has been working all the years she was here.
Will I run into problems with that unemployment and her income on taxes?
I know I must show I can support her, but she makes enough money to even support me.
Also, should I filled/mailed all the forms together as some post suggested:
I-485(petition for alien relative)
I-864(affidavit of support)
I-765( employment authorization)
I-131(application for travel)
G325-A(biographic information)
and even I-693(medical examination) ?

:coThanks
Jack

 

[newacct]

Will I run into problems with that unemployment and her income on taxes?

No, there shouldn't be problems. You have a job now. What matters is your current income (preferably get an employer letter to verify your current income), not what you made in the past. You do have to submit a past tax return. It will show you were unemployed; so what? You have a job now. It will also show your wife worked illegally and paid taxes. Well, it's better than working illegally and not paying taxes. At least she was following tax law.

However, a more important question is how was she able to work being illegal? Did she ever claim to be a U.S. citizen? Because if she did, then this whole thing becomes super bad. For immigration purposes, claiming to be a U.S. citizen is like worse than being a child molester. You risk being banned for life with no way out.

I know I must show I can support her, but she makes enough money to even support me.

You cannot count income from unauthorized work. Since she is not working legally, her income doesn't matter.

Also, should I filled/mailed all the forms together as some post suggested:
I-485(petition for alien relative)
I-864(affidavit of support)
I-765( employment authorization)
I-131(application for travel)
G325-A(biographic information)
and even I-693(medical examination) ?

Yes, basically. You also need the I-130. To summarize, you will file the I-130, I-485, I-765, and I-131. The I-864 and I-693 are required as part of the I-485. The G-325A for the beneficiary is needed as part of the I-485; AND since you are applying for a spouse, another G-325A for each of you will be needed for the I-130. Note that all of these things will be filed concurrently (organized appropriately in the same package).

 

[Jackolantern]

You cannot count income from unauthorized work. Since she is not working legally, her income doesn't matter.

However, her income should still be included for question 25 where it asks for the income listed on the tax return, but omitted from question 24 because it's not lawfully authorized employment.

Yes, basically. You also need the I-130. To summarize, you will file the I-130, I-485, I-765, and I-131.

I-131 is inadvisable, given that traveling abroad before the green card is approved would be risking being unable to return for 10 years.

 

[dunee88]

Yes, basically. You also need the I-130. To summarize, you will file the I-130, I-485, I-765, and I-131. The I-864 and I-693 are required as part of the I-485. The G-325A for the beneficiary is needed as part of the I-485; AND since you are applying for a spouse, another G-325A for each of you will be needed for the I-130. Note that all of these things will be filed concurrently (organized appropriately in the same package).

There is No need for the I-131. Like the guy above me said you run the risk of being denied reentry. Honestly, it would be safer to wait for the green card approval before planning any travel.

 

[JACKIE77]

No, there shouldn't be problems. You have a job now. What matters is your current income (preferably get an employer letter to verify your current income), not what you made in the past. You do have to submit a past tax return. It will show you were unemployed; so what? You have a job now. It will also show your wife worked illegally and paid taxes. Well, it's better than working illegally and not paying taxes. At least she was following tax law.

However, a more important question is how was she able to work being illegal? Did she ever claim to be a U.S. citizen? Because if she did, then this whole thing becomes super bad. For immigration purposes, claiming to be a U.S. citizen is like worse than being a child molester. You risk being banned for life with no way out.


You cannot count income from unauthorized work. Since she is not working legally, her income doesn't matter.


Yes, basically. You also need the I-130. To summarize, you will file the I-130, I-485, I-765, and I-131. The I-864 and I-693 are required as part of the I-485. The G-325A for the beneficiary is needed as part of the I-485; AND since you are applying for a spouse, another G-325A for each of you will be needed for the I-130. Note that all of these things will be filed concurrently (organized appropriately in the same package).

Thanks for all your help.
Answering your question: Did she ever claim to be a U.S. citizen?
Not exactly considering that many times all you need to work is a social security number and a driver license, which she has both under her own name, the only "but" is that her SS card says: "not valid for employment". Technically you can say that she never claimed to be US citizen.

 

[newacct]

I-131 is inadvisable, given that traveling abroad before the green card is approved would be risking being unable to return for 10 years.

Oh yes, the ban for unlawful presence. It depends on what visa she entered on; unlawful presence only starts after she exceeds the date on her I-94; not all statuses have a date on the I-94.

Also, the whole question of whether the ban is an issue for Advance Parole is in flux, due to the Matter of Arrabally. But I agree that it is probably not a good idea for her to leave the country. Though it doesn't hurt to apply for Advance Parole anyway and not necessarily use it.