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  • my wife

    My wife is here in the USA illegally and we got married two years ago here. We have a child who is two years old; she has two daughters here also that were born in Mexico. She got a divorce here in the USA. What form do I fill out and where do I send it to?? Any help would be appreciated.

  • #2
    You need to provide more details.

    How did she enter the country? was she inspected by an immigration officer (passport looked at and stamped) or she just crossed the border illegally?

    If she crossed the border illegally, without going through immigration/customs. Then there is nothing she can do to adjust her status here in the US. She has to go back to Mexico and you need to apply for a K-3 visa for her. You must file form I-130 for her... and so on...

    If she crossed the border legally, but overstayed her visa. Then she must adjust status by filing I-485 and I-130 and their supporting forms and documents.
    Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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    • #3
      she crossed the border illegally with her two daughters, now 6 & 10 years old. do i have to do forms for them or can i wait.

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      • #4
        you need a good immigration lawyer. There is nothing they can do in the USA to adjust their illegal status and become legal. You must petition her and her daugthers at the same time with form I-130 but they must go to Mexico and go through consular procesing there to obtain immigrant visas.

        She may be subject to a ban from returning to the USA though, because of being here illegally. Consult an attorney.
        Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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        • #5
          Regardless of the city you live in... ICE could come knock at your door and take your wife away... they are a federal agency.

          You need to find a lawyer and find it fast. www.ailalawyer.com
          Disclaimer: The information you obtain from me at this forum is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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          • #6
            Read https://www.immihelp.com/family-base...ons-in-us.html to see if it is helpful to you.
            Immihelp Support
            No legal advice. Use at your own risk.

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