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Help my ignorance please!
Well, my wife's immigration story has been a long and tragic one. She has been in the states for 12 years under her father's H1 status (they are from Taiwan). Their PR app. was rejected once while they had a lawyer, and they reapplied in 2004 on their own. She has been waiting since then , and has almost finished college. She is now 22, and we were married this past August (I'm a US citizen and 22 as well, she's not using me to get the PR, 
).
Anyway, long story short we haven't filed anything since then, partly out of ignorance and partly because we were overwhelmed. We figured we would just be "dependents" under her father until the green card came through.
However, during a routine fingerprinting check (which they have had many of) her father was asked for tax records and decided it was time to get a lawyer. The lawyer explained she is no longer qualified to apply under him as a dependent and that she does not currently have a status and is illegal. Her family got very worried. We did too.
My wife and I plan to go to Mainland China sometime in the next few years and stay there long term, so leaving the country is an option, but because all of our family lives here we need to be able to come back and visit without trouble.
So we are now at a loss for what to do. Can we file I-130 and I-485 jointly and be ok? How long will this keep us in the US? Can she apply for advance parole under her current still-pending application with her father? Will this complicate things immensely?
I'm sorry this post is so long. Obviously I am clueless and could really use some pointers. Thank you so much for any help you can afford.
). Anyway, long story short we haven't filed anything since then, partly out of ignorance and partly because we were overwhelmed. We figured we would just be "dependents" under her father until the green card came through.
However, during a routine fingerprinting check (which they have had many of) her father was asked for tax records and decided it was time to get a lawyer. The lawyer explained she is no longer qualified to apply under him as a dependent and that she does not currently have a status and is illegal. Her family got very worried. We did too.
My wife and I plan to go to Mainland China sometime in the next few years and stay there long term, so leaving the country is an option, but because all of our family lives here we need to be able to come back and visit without trouble.
So we are now at a loss for what to do. Can we file I-130 and I-485 jointly and be ok? How long will this keep us in the US? Can she apply for advance parole under her current still-pending application with her father? Will this complicate things immensely?
I'm sorry this post is so long. Obviously I am clueless and could really use some pointers. Thank you so much for any help you can afford.
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