Help. Overstayed b1/b2 visa and now married...

[angeloiriel]

I am currently filing I-485 and a question occurred to me.
On part 2 Application type... what category should i check?
My wife overstayed since 2007, I have copies of all her documents but, the b1/b2 visa expired in aug 2010 (its also a card and not an attachment to her mexican passport)... Been working illegaly with her real social (acquired from when she used to have a student visa). Stop working 4 months ago.
Should we send the I-130 first and wait for the letter of acceptance so we can check option b? or if option h, what should I place in? should i send it with the I-130 and see what they say?
Thanks for your consideration.
Cj

[talabin]

get a lawyer.

[barbarajlw]

I am currently filing I-485 and a question occurred to me.
On part 2 Application type... what category should i check?
My wife overstayed since 2007, I have copies of all her documents but, the b1/b2 visa expired in aug 2010 (its also a card and not an attachment to her mexican passport)... Been working illegaly with her real social (acquired from when she used to have a student visa). Stop working 4 months ago.
Should we send the I-130 first and wait for the letter of acceptance so we can check option b? or if option h, what should I place in? should i send it with the I-130 and see what they say?
Thanks for your consideration.
Cj

I agree you need a good lawyer as she has broken so many laws you are going to need one.

[freecontributor]

I am currently filing I-485 and a question occurred to me.
On part 2 Application type... what category should i check?
My wife overstayed since 2007, I have copies of all her documents but, the b1/b2 visa expired in aug 2010 (its also a card and not an attachment to her mexican passport)... Been working illegaly with her real social (acquired from when she used to have a student visa). Stop working 4 months ago.
Should we send the I-130 first and wait for the letter of acceptance so we can check option b? or if option h, what should I place in? should i send it with the I-130 and see what they say?
Thanks for your consideration.
Cj

Definitely get a lawyer! Good luck and share with us, please!

[daru786]

I am currently filing I-485 and a question occurred to me.
On part 2 Application type... what category should i check?
My wife overstayed since 2007, I have copies of all her documents but, the b1/b2 visa expired in aug 2010 (its also a card and not an attachment to her mexican passport)... Been working illegaly with her real social (acquired from when she used to have a student visa). Stop working 4 months ago.
Should we send the I-130 first and wait for the letter of acceptance so we can check option b? or if option h, what should I place in? should i send it with the I-130 and see what they say?
Thanks for your consideration.
Cj

If your wife entered USA legally and you are a US citizen, you don't have to worry about anything provided you have proofs of her legal entry in USA.
Please don't pay attention to those who advise you to seek a lawyer as it seems like either they are attorneys or they work for lawyers.
Good Luck!

[freecontributor]

If your wife entered USA legally and you are a US citizen, you don't have to worry about anything provided you have proofs of her legal entry in USA.
Please don't pay attention to those who advise you to seek a lawyer as it seems like either they are attorneys or they work for lawyers.
Good Luck!

Hello Daru,
I am speaking for myself; don't assume anything that you do not have knowledge of it! I AM NOT A LAWYER and I AM NOT WORKING FOR ONE! Lawyers do not waste their time here on such forums as they have their owns! We just try to help as USCIS get tough when it comes to US/Foreigner relationship! Hiring a lawyer is a good thing to start with a case such this one! Consulting an expert is better when one is confused and either guys like you could not help 100%!

[daru786]

Hello Daru,
I am speaking for myself; don't assume anything that you do not have knowledge of it! I AM NOT A LAWYER and I AM NOT WORKING FOR ONE! Lawyers do not waste their time here on such forums as they have their owns! We just try to help as USCIS get tough when it comes to US/Foreigner relationship! Hiring a lawyer is a good thing to start with a case such this one! Consulting an expert is better when one is confused and either guys like you could not help 100%!

My dear friend, if people had the money and time, they wouldn't come to these forums and simply hire a lawyer. Secondly if you don't have an answer for them, just DON'T ill advise them. Thirdly, you are WRONG, this forum is a excellent place for lawyers and their employees too scare innocent folks so they can make money.
God Bless!

[demedja]

I agree you need a good lawyer as she has broken so many laws you are going to need one.

A friend of mine just did this, and they got through and didn't use a lawyer. Yes, the OP's wife overstayed her B1/B2 and worked illegally, but USCIS won't pay much attention to either of these things if she's married to a US citizen...as long as she can prove that she entered the country legally and was inspected by an immigration officer. If she has her passport with the immigration stamp and the I-94 that is her proof.