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Confused how to file for my wife and her children

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  • Confused how to file for my wife and her children

    I met my wife about 15 years ago here I. The us. She entered without being inspected. We lived in the us for 2 years and and had a child. then we found out that she cannot adjusther documents here because she was here illegally. We both decided to move to Brazil. We?ve been there 11 years and now I want to move back to the us. I want to know what document I need to file so she can get her green card. I want to move back to the US all together as a family. She also has two kids from prior spouses. Please advise because I?m very confused. Especially that she was here a few years illegally. Will that affect the application process when I file for her. Can you please advise what forms I need to file. Thansk.
    PPC
    Last edited by latrattoria1; 01-30-2019, 11:31 PM. Reason: Spelling

  • #2
    Originally posted by latrattoria1 View Post
    I met my wife about 15 years ago here I. The us. She entered without being inspected. We lived in the us for 2 years and and had a child. then we found out that she cannot adjusther documents here because she was here illegally. We both decided to move to Brazil. We?ve been there 11 years and now I want to move back to the us. I want to know what document I need to file so she can get her green card. I want to move back to the US all together as a family. She also has two kids from prior spouses. Please advise because I?m very confused. Especially that she was here a few years illegally. Will that affect the application process when I file for her. Can you please advise what forms I need to file. Thansk.
    PPC
    You should hire a lawyer because your case is complicated. Your options depend on things like when she entered unlawfully, what age, how many times, etc. She may be subject to a permanent bar (and would have to apply for a waiver, which she may be able to do since she was outside the US for 10 years) or she may only be subject to the 10 year bar. Or maybe this is not the case. Either way, I don't think this forum can give you answers. Good luck!
    2/20: Received at Chicago lockbox
    4/04: We reviewed your biometrics and are processing your case (I-765 & I-485)
    4/18: Ready to be scheduled for an interview (No notification, not updated on either site until Aug 27)
    4/19: Request to expedite EAD
    5/11: Received EAD
    6/26: Applied for Advance Parole
    8/09: Advance Parole approved
    8/29: Scheduled for Interview
    10/11: Interview
    10/12: RFE on I-130 (misplaced G28)
    10/16: Sent new G28
    10/19: Approved!

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    • #3
      Originally posted by latrattoria1 View Post
      I met my wife about 15 years ago here I. The us. She entered without being inspected. We lived in the us for 2 years and and had a child. then we found out that she cannot adjusther documents here because she was here illegally. We both decided to move to Brazil. We?ve been there 11 years and now I want to move back to the us. I want to know what document I need to file so she can get her green card. I want to move back to the US all together as a family. She also has two kids from prior spouses. Please advise because I?m very confused. Especially that she was here a few years illegally. Will that affect the application process when I file for her. Can you please advise what forms I need to file. Thansk.
      PPC
      I'm assuming you're a US citizen (you posted prior posts about petitioning your mother, which is something only citizens can do)?

      First step is you would file an I-130 petition for her. If you want any of your stepchildren to immigrate, you would need to file I-130 petitions for each of them too.

      If she only entered the US once, any ban she might have had would be over, and she doesn't need to do or file anything extra now. If she entered the US multiple times, it might be more complicated; you should post a more detailed timeline on here in that case.

      This is my personal opinion and is not to be construed as legal advice.

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