Need Some Advice

M

maximillion

New Member
Hi Everybody,

I am new to the forums so I thought I would post my question:

I am a USC and my wife whom I married a year and half ago is here illegally from Mexico. We are wanting to get her GC by going to the consulate and applying for the waiver thing. My questions are:

-I know I need to submit an I-130, and biographic sheets, but what else do I need to submit with it?

-When do I file the I-485?

-What's the form number of the waiver? The one where you ask for the 10 ban to be waived.

Has anyone gone through the process? What advice, or helpful information do you have? We are tired of waiting if something will get passed by Congress and want to do this right. How long will she have to be out of the country?

Thanks again to everyone for their help, it is most definetly greatly appreciated!

Thanks
 
- Since you're a USC you file everything together, meaning I-130, I-485 and work authorization. Don't apply for advance parole since even if she gets it, your wife shouldn't leave the US till she gets her GC.

- you can find the forms that you need to file in www.uscis.gov

- You don't need to fill out any waiver for the 10-year ban. It will automatically be forgiven since you're a USC. Again, your wife SHOULDN'T leave the US till she gets the card, if she does, then the ban still applies.

- You shouldn't wait for the bill to get passed by the congress, I really think it's not gonna happen any time soon. PLUS it's much easier for you since you're from here. Actually, I would really get mad if the bill goes through and it takes them less time to get their GC than to spouses of USCs.

- Most people in this forum are going through the same situation. The only difference between marrying somene that is here legally or illegaly is with respect with freedom of leaving the country before the process gets completed, everything else is the same.

- She's in the US right now right?
 
Thanks for your reply,

-She is currently in the US right now, she entered WITHOUT inspection and not on a visa. So she does not have an I-94.

-The process you are describing sounds like 245i, but I didn't think we qualified because we have only been married for a year and a half.

-Someone told us that we had to file the I-130 and wait for an appt. at the US Consulate in Cuidad Juares in Mexico, and it was there she had to give them the petition to remove the ban. Do I file the I-485 along with the I-130 or do I have to wait till after her appt. in Juarez?

-It's a confusing process, but I think I can handle it on my own if I can just get all of the form numbers and when to file them.

Thanks again for your help!
 
Oh I don't know what's the difference between someone who overstayed and someone who came in without inspection.

Someone else needs to jump in with this one.
 
payala said:
Oh I don't know what's the difference between someone who overstayed and someone who came in without inspection.

Someone else needs to jump in with this one.
Click to expand...
Those entering the US w/o inspection is not eligible for AOS, even though s/he gets married to USC. That is why he is trying to get waiver(extreme hardship ?).
 
Oh I'm sorry, I wrongly assumed that your wife was here illegally because she overstayed her visa.
 
Yes, it is pretty clear on the form and in the instructions that a person that entered without inspection are not eligible for AOS until in his case he needs to apply for a waiver of extreme hardship and that waiver must be approved. That should be done on a Consulate.

For more info please visit: www.uscis.gov
I will advice to hire an attorney with especialization in waivers for your case, since there are certain things to explain, not only "because you love each other" is enough.

Other links:
http://www.usvisainfo.com/pageDisplay.php?docID=96
 
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