My Wife Came on a 6 month Visa in 2000 , Married her Jan 2005 Still married now is she legal or not??

Answer 1

As soon as your wife's I-94 expired in 2000 (6 months after she entered) she was here illegally. She is still considered an illegal alien today, regardless of her marital status. She needs to file for an adjustment of status with CIS. No matter how you do it, it will be a difficult process, as she will be put into deportation proceedings. Assuming she has no criminal background, and you are an American citizen, and the marriage is legit, she should be granted relief by the Immigration Judge. That means she will not be deported, and she should get her green card.

There is no pain free way to do this, you just need to contact CIS and get the ball rolling. The sooner the better, because if she somehow comes to the attention of Immigration or other law enforcement, her problems and headaches will just be compounded and the legitimacy of her claims will be questioned that much more.

Answer 2

You need a petition called an I-130. You must both fill this out.
You may also need a K-1 visa for a spouse. Marriage alone does not make your wife a legal resident . Get an immigration lawyer he will advise you. If she is from Europe, you are in trouble she should leave immediately. If she is from Mexico she will have a better chance immigration is changing all the time.
It is getting better I think. Marriage means nothing immigration
is a process. Get help right away.
I know from experience, my husband was deported to Bulgaria.
Hide her, get her out of the country, ins will arrest her and hold her in jail until deportation takes place deportation for her will be at least 10 years maybe 20 as she overstayed her visa for more than 6 months. This IS serious.

Answer 3

Alas, she's not legal, far from it! Marriage per se doesn't give you any rights, you have plenty of papers to fill out, fees to pay, biometrics to take care of, health examination ... plus an obligatory interview. You don't need an attorney if you don't want to spend a lot of money, all the forms can be found on the net. It is not a difficult procedure ... what could be held against your wife is that she apparently stayed in the U.S. illegally between 2000 and 2005 ... she'll have to explain that away somehow ....

Answer 4

If it was a fiance visa, you had to marry her w/in 3 months and file the papers. If it was a regular tourist visa and she has the white entry card (I-94), then you can file the I-130 (petition), I-485 (residency) with the affidavit of support, and an I-765 (employment authorization) and submit it with the appropriate documentation and fees to the local immigration office w/no penalties. If she lost the entry card, then she has to apply for a duplicate card before doing any further paperwork

Answer 5

Since your wife is essentially a fugitive, you need an immigration lawyer to help sort out the mess. She may be legal but she could be deported because of the way you brought her into the country. Your marriage might be considered illegitimate for this purpose unless you sort things out with Homeland Security. Only a legitimate immigration lawyer can help you sort out this mess. Until you do, your wife is danger of deportation and you are in danger of being charged with a crime, depending on the circumstances. Neither of these is likely in the near future, but the house has a very strict bill that is likely to become law. It could cause you alot of trouble. You should resolve the issue now, while the lax attitude on immigration is currently dominant. A couple of years from now, this situation is likely to be reversed, making it much more difficult for you.

Answer 6

When did you marry her? Is it right after 2000 or recently? You'll find out whether she is legal or not by taking her to the Immigration Office and ask the government employees. If she gets locked up then you know.

Answer 7

she needs to file for her citizenship papers - technically the moment her 6 month visa expired she was illegal - consult a immigration attorney to make sure you file the right papers the right way so she is not deported

Answer 8

No, She needs to apply for residency or citizenship but it be better if you go ask for her residency since you are from here right? Things will probably move faster. Good Luck and all the best to you and her.

Answer 9

No, she needs to get a green card if she is going to be a permanent resident. Her visa expired so technically, she could be deported anytime.

Answer 10

She's legal, long as she's married to you. But she still has to keep her papers with the dept of immagration upto date. I think it's advisable that she apply for legal status.