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  • Need Advice

    Hello There,

    Back in 2008(January) I met my wife and we dated for a while and got married
    in June 2008. Last month ( January 2010 ) I became a US citizen after a good
    5 years of residency. Last year we had our Son (Born August 14 2009) in San
    Francisco, so needless to say our marriage is in good faith

    Facts.
    My wife overstayed her H1B1 (Visitors Visa) for more than 5 years.
    She applied for a labor certificate back when she was still in status and
    got denied.
    Back in 2008, she got a driving violation for driving with an expired
    drivers license and ordered to pay an amount by the Judge in San Mateo
    County.

    My questions as follows.

    With all the facts stated, are we going to have any problem with applying
    for her change of status.
    We are preparing “i-130” Relative Petition and “i-485” Adjustment of Status.
    Is this the correct route?
    With the economy now adays, do you think we can do this by ourselves
    (without hiring a lawyer to represent us).


    Thank you very much.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

  • #2
    With she being out of status and having violations, I recommend that you go through an attorney.
    Immihelp Support
    No legal advice. Use at your own risk.

    Visa and Greencard Tracker

    Visitor Medical Insurance for your visiting relatives.

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