How to sponsor out of status wife

C

cluster11

New Member
Hi,
I'm a GC holder eligible to apply for Citizenship on March, 2009. My wife and I have been married since October, 2007. My wife came from Phillipines to U.S. on a 10-yr multiple-entry tourist visa on Dec. 1999 but overstayed (didn't go out of U.S.A in 6 months). She also lost her I-94 and passport but has photocopies. She was married to a U.S. citizen for 1 year (2005-06) until he passed away. I'm looking for general guidelines on how to get her status legalized and eventually get her permenant residency.

1. During my citizenship application do I mention her? ( i was advised to wait until I get my citizenship to sponsor her)
2. I'm guessing I have to apply for her AOS. What is the earliest this can be done and what documents needed? What is the typical timeline for her to be eligible to apply for residency?
3. Since she has dual Bachelor's Degree in Nursing and Architecture would it be faster/easier for her to try for an employment-based visa (H1/J) by finding a job in US or Canada?
4. Due to the complex issue of her status I plan to retain an immigration lawyer both for my citizenship aplication and then her AOS application. Any suggestion (and estimated cost) for an immigration attorney? (we are in Georgia).
 
first get ur citizenship , then apply for AOS for her . start gathering ur documents now so it would be easy then. u have to list on n-400 if u are married but they dont ask questions about ur spouses status at the interview, i know bcos my husband was out of status when i applied for mine and it wasnt an issue. u can also apply for a copy of her I-94 i cant remember which form u need but u can get it form the uscis website. i dont think u need a lawyer especially not ur citizenship. i live in ga too
 
Hello, I'm in a similar situation and I believe your best shot is to wait until you get your citizenship, could take a year at the most but since she is out of status that may affect her elegibility for a work visa, apply for your n400 as soon as you are elegible, collect all documentation from the last year of marriage and from now on too, DO NOT lie in your citizenship application if you are already married, that is a bad idea, her being out of status should not affect in my opinion your citizenship process.
Good Luck
 
I was basically in the same situation as your wife. came here on 10 year multiple entry visa,at the age of 7(17 years ago).I also lost my I-94. I got married last year.I filed a form I-102 for a replament I-94,cost is $320,that took about 3 1/2 months.My husband applied for his citizenship the same time and got that in about 10 months (which was tuesday),we're in NY. So we just applied for my AOS a couple days ago. It's a good idea to file for your citizenship when your able to,but you guys can get started on her I-94 now and while your citizenship is in process you can get all your things together for when the time come to sponsor her
 
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