First time here so I'm sorry if I am posting in the wrong section and thanks in advance for any help. Here is the situation, I got married 5 years ago. My wife entered this country from mexico legally but when her visa expired she never went back. Her parents returned to mexico and returned her I-94 card. Her visa was stolen along with her purse a couple of years back. I am a U.S citizen and I am also legally blind. We have a 5 year old daughter and a boy on the way. How can I get legal status for her? I have looked everywhere but I can not get a real answer. I don't want to get ripped off by some lawere either. I tried getting her I-94 by filling out the lost I-94 form but they responded by saying they could not find it so I stopped trying. Any ideas would be greatly appriciated. THANKS
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How can I help my wife?
- Thread starter rvillega
- Start date
You can file I-130 petition for Alien relative and I-485, application to adjust status to permanent residence together with other supporting documents (see website for more info)
Refer to this document from USCIS "How Do I Help My Relative Become a U.S. Permanent Resident?"
http://www.uscis.gov/files/article/A1eng.pdf
Refer to this document from USCIS "How Do I Help My Relative Become a U.S. Permanent Resident?"
http://www.uscis.gov/files/article/A1eng.pdf
Thanks for the quick reply. I read the document you sent me. I am a bit confused becasue my wife is already in this country and even though she entered legally I do not have proof. The I-94 card that she was given was returned when her parents returned. Knowing this could I still file these documents you mentioned?
TheRealCanadian
Volunteer Moderator
I am a bit confused becasue my wife is already in this country and even though she entered legally I do not have proof. The I-94 card that she was given was returned when her parents returned. Knowing this could I still file these documents you mentioned?
I'd try an FOIA act to get the I-94. If you have no I-94 and no visa, you have a problem.
Have you recieved a rejection for your I-102? I lost my passport and i-94 as well and after two mos. of waiting I received a letter that they have no records of my entry. But they wanted me to provide for more identification and variations on how to spell my name. After providing them with what I have-police report, replacement of lost passport, marriage license, birth certificate and a very old DL. They came back to me a month after with the replacement i-94. As it turns out I was 2 weeks off with the date I provided.
Concerned4us
Banned
If you have limited income, you can obtain free or low cost legal assistance at Catholic Charities or the university law school legal clinic or at "Legal Aid" (look for the proper agency in your location).
Last edited by a moderator:
Mama2, I did get a rejection letter but I never replied back because I did'nt have anymore information that would help them. It said if I did not reply after a certain time the case would be closed. Should I try again?
I will look into that low income stuff but how would a lawyer help me if I dont have what I need?
I will look into that low income stuff but how would a lawyer help me if I dont have what I need?
Hmm, going back to your previous post you mentioned that her parents returned her i-94 when they went back to Mexico. This situation is tough because in the eyes of USCIS, she left the country. So, her being physically here is hard to prove that she came in legally. I don't know what to say... Someone mentioned going to the Catholic Charities. Maybe you can try that. Goodluck !
Your case is very tricky and I highly recommend that you consult an experienced immigration attorney, although you are worried about getting ripped off, I am concerned that if you consult unqualified assistance you may dig yourself and your wife into a deeper hole.
Your main problem is a lack of documentation that your wife entered the country legally the last time, along with the length of her overstay. Even if you can prove that she did not leave the country with her family, it may raise other issues or red flags if USCIS believes that the I-94 was fraudulently returned on her behalf, which it sounds like it may have been. Even if she had nothing to do with the I-94 form's return, it was her obligation to report that and get a new I-94 since by law it must be in her possession at all times during her stay.
She could leave the country and apply for consular processing, but even so she would still have to list her last entry to the United States and everywhere she lived, which could raise the specter of a time-bar to entry if it is determined that she was in the United States illegally for more than a year.
In short while a green card may be achievable in your case I don't think you should rely on DIY "Internet advice." Otherwise there is a real chance you may end up getting her deported and barred from re-entering for ten years or for life.
Your main problem is a lack of documentation that your wife entered the country legally the last time, along with the length of her overstay. Even if you can prove that she did not leave the country with her family, it may raise other issues or red flags if USCIS believes that the I-94 was fraudulently returned on her behalf, which it sounds like it may have been. Even if she had nothing to do with the I-94 form's return, it was her obligation to report that and get a new I-94 since by law it must be in her possession at all times during her stay.
She could leave the country and apply for consular processing, but even so she would still have to list her last entry to the United States and everywhere she lived, which could raise the specter of a time-bar to entry if it is determined that she was in the United States illegally for more than a year.
In short while a green card may be achievable in your case I don't think you should rely on DIY "Internet advice." Otherwise there is a real chance you may end up getting her deported and barred from re-entering for ten years or for life.
Aosing, thanks for you help. I don't know much about immigration so I though that their was a small chance that I could find info here that would help me but this issue is more complicated than I thought. I have spoken with lawyers and some have told me that they could help but it would cost around 4 grand. I don't want to spend that kind of money if they are just going to rip me off and get her deported. Is their honest lawyers that have been used by users here before?
Aosing, thanks for you help. I don't know much about immigration so I though that their was a small chance that I could find info here that would help me but this issue is more complicated than I thought. I have spoken with lawyers and some have told me that they could help but it would cost around 4 grand. I don't want to spend that kind of money if they are just going to rip me off and get her deported. Is their honest lawyers that have been used by users here before?
$4,000 is not an excessive rate, especially if the scope of representation includes the entire administrative process through a final determination.
I'm doubt this is the best place to find a referral to an immigration lawyer. You should probably consult one that is local enough to meet in person without inconvenience, preferably in your state and/or near the office where your application will be processed.
There is always a chance that your wife's application will be denied and she will be removed, but your odds will be much, much better with an attorney. From your description, your wife is undocumented and out-of-status right now, and could be removed at any time if USCIS found out. You will be in a much better position if you start an application BEFORE any removal proceedings have commenced against her. The longer she is out of status the harder it may be to adjust her status.