Question regarding GC process for out of status wife of USC

C

cluster11

New Member
Hi,
Based on some brief online research I have gathered the following steps regarding sponsorship process for a out-of-status wife of a recently naturalized U.S. citizen. I'm trying to run this by other forum users to see if I got it wrong in any steps or any additional steps/issues I should be aware of. Please advise.

*Applicant Information

- Legally entered U.S. on 10-year multiple entry Visitor visa on December, 1999
- Went out of status 2000 (did not leave U.S. within 6 months of entry)
- Lost I-94 and passport sometime in 2002
- Got new passport (Philippines) in April, 2007
- Married to a Permanent Resident(PR) since October, 2007
- Husband became U.S. citizen October, 2010

* Steps for GC processing

1) Apply for replacement I-94 using Form I-102 (NOTE: only evidence she has of previous passport/visa are photocopies of the original visa and passport. Is it possible to get more documentation? If so, from where?)

2) Apply for adjustment of status from out-of-status. (NOTE:What is the form for this?)

3) Apply for I-485

My questions are:
A) when is the earliest she can be applied for each of the above steps?
B) What is the typical timeline for each of the above steps and what hurdle (if any) can be expected?
C) Should she consult a immigration lawyer from the very first step (or in any subsequent step(s))?

Thanks in advance for your response and help.
 
Thx. After step-1 isn't there a intermediary step before I-485 can be applied? I thought there is some form that need to be filed after the I-94 is replaced and before I-485 can be obtained. Also can this process (step-1, step-2 etc) be started immediately?
 
I-130 must be filed before the I-485, or together with the I-485. There are also other forms to file with the I-485. See the sticky thread "How to Apply for a Green Card- Do it Yourself", particularly post #4.

Once you've filled out all the forms and gathered all the docs, you can send them immediately. However, note that for the I-693 medical it may take a few weeks to get an appointment, see the doctor (twice -- once for the initial tests, and a few days later to check your skin for the skin test), and get the results back in the mail.

To save time, you can send the I-102 along with the I-485 and everything else, instead of waiting for the I-102 to be processed before sending the rest.
 
Thx for the quick reply. This is definitely very helpful information. I have 1 more Question. Under the circumstances described above, can the U.S. citizen also file I-130 for his mother around the same time or has to wait until the wife's I-130 is approved?
 
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