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4 answers

Long answer:
A lot depends on how long she has been in the US. You will have to file an I-130 immigrant petition for her. Since she is in the US, she files an I-485 for adjustment of status. If that is granted, she's okay. Most probably the I-130 will be approved but not the I-485, since you can't normally adjust status if you have no current status. If that happens, she will have to apply for her immigrant visa outside the US. If that is refused due to her illegal overstay, you can request a waiver based on the hardship that the separation causes you.

Short answer:
this is a very sensitive process: get a good immigration attorney to help.

2006-08-11 17:23:37 · answer #1 · answered by dognhorsemom 7 · 1 0

are you the illegal? your writing sure does give it away. I fso, you'll have to wait at least 3 years and then apply for residency

2006-08-12 01:00:04 · answer #2 · answered by nickless 2 · 0 1

If your married to her she's legal, i think thats how it works.

2006-08-12 00:16:07 · answer #3 · answered by Greshymn 3 · 0 1

I know you have to pay $$$$$ and wait for it.

2006-08-12 00:19:39 · answer #4 · answered by happymixer 2 · 0 1

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