Get my wife a green card.?

Question

I'm an American citizen in the Navy and currently in Okinawa, Japan. Before coming overseas I married my wonderful fiancee on December 21st, 2006. Well, life isn't so wonderful now. She's an illegal immigrant living in the United States with only a passport, marriage liscense, an expired visa and birth certificate. Her visa expired while she was a minor and wasn't renewed because her parents were deported back to Colombia. She needs a green card in order to be able to return to the USA if she ever left to come stay with me for a period of time.

I really dont even know where to start so she can start getting a green card. I'm hearing something about some sort of petition . . .

Answer 1

Congratulations on wedding, Your wife’s case is complicated though,But ,YES she can get green card.What you need a good lawyer’s Help.
But that knowledge I have it. File a petition for her I-130 ASAP
And check with lawyer, Coz you are in NAVY, may be you will have some benefits. the good thing is that she entered in USA legally(does she have I-94?(when a visitor comes to USA, the immigration put a card in the passport call i-94).So first you have to pay 1000 $ for overstay(visa is expired)its penalty .then file petition I-130(fee is 190$+70$). and its better to get a lawyers help. it takes 1 to 2 years to get green card.
Now a days the processing time for petition is longer then before.hurry up before they make new laws.GOOD LUCK , ALL THE BEST:)

Here is a link,for FAQ.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c67c7f9ded54d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
This is the link to check,how long it will take in your state.
https://egov.immigration.gov/cris/jsps/ptimes.jsp

Answer 2

You also need to be careful about thing. If your wife has lived in Canada and not in the US they may just withdraw her green card at the border. They will ask her at the border about how long she stayed outside the US. If she says something what is longer than half a year then they may take the card. I think this applies to all cards. Next question - are you sure that she does not have a SSN - or at least a Tax number (ITIN or so )? Please double check. I was under the impression that every greencard holder has to have one and has to file their taxes with the IRS every year - regardless of where they live. Some countries ahve treaties with the US so you don't pay taxes in both countries and others don't. As a greencardholder and citizen howerver you have to file in the US. So you need to reserach that - becaue this could potentially give you a big headache with the IRS about back taxes and penalties. Let's assume both things above are fine then the next is that she as a greencard holder can apply for citizenship which takes about 3-6 months. Then as a US Citizen she can sponsor you to get a green card. It will take a bit for you to get that. So add this to your 3-6 months. As a marriage greencard holder then you can apply for citizenship after 3 years. In any case you have to try everything to stay legal in this whole process. One mistake and they wil abort the greencard and citizenship process. . Fo greencard and citizienship your are researched much more deeply than ever before. Your situation sounds special and a bit shaky. It sounds however like you can afford a US immigration attorney and I would highly recommend that you seek the help and advice of a good one. Also - it does not really matter how much moeny you have although it helps if you can prove that you will not become a social emergency. If your greencard immigration pathway via your wife fails you can start an own business and employ people. That provides and accelerated path to a greencard. oh - one more thing - not working and having play time is one of the best things espcially if you chose California or another "outdoor" state. Good luck, America rocks!

Answer 3

You need to file the I-130 form with the USCIS. Request that the case is seeing in the US, not in her home country. She must keep a low profile, ok.

Since you are in Okinawa, you may want to consider filing for her residence using the "fast-track" (EXPRESS) processing, but it's expensive. Costs $1,000.00 (payable to the USCIS). But you can get the matter solved far more quickly than going throught the regular process.

If you opt to use the regular process, NEVER send any documents using Certified Mail. That's the worst mistake people make, for everone who touches that letter during transit must sing for it. And the USCIS gets thousands of letter like that every day. A real person is the one who sign those little receipts and gets tired.

Try to use only EXPRESS MAIL of the USPS (United States Postal Service), which is faster, and you can track online when the USCIS received your documents. You will be saving yourself 3-10 weeks of waiting. And when it comes to immigration documentation, every day counts.

Answer 4

You have to file for a petition I130 but as you said she is living illegally then you might have a problem so you better consult a lawyer . that's the best thing you can do right now . better get a hold of a lawyer knowledgeable of immigrantion laws and all that .

Answer 5

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Answer 6

You can start by hiring an Immigration Lawyer and then Prayers.

Answer 7

You would certainly know this far better than me, but some times the obvious can be the hardest to see--could anyone at JAG help advise you?

Good luck to both you and your wife!

Answer 8

Your going to have to hire an immigration lawyer.

Answer 9

You need an immigration lawyer for this one.