Some questions before filing for my wife!!! thx

[vinmelojr]

How u doing, my name is Carlos I'm 26 and a U.S. citizen born in Orange, CA. Me and my wife got married on Oct.3, 2009 we have 3 kids together (daughter 4, and two boys 1 and 2 years old). She was born in Mexico, but has been in the U.S. since 1988 when she was 9 months old. She's 22 now has been in school and I've reported her on my taxes the previous 5 years since she's been living with me. She's never been deported or had any issues with the law since she's been here.

I just want to know if this is something I should file on my own, or would I need an attorney since she's been here pretty much all her life illegaly.

One more thing on form I-130 question #14 asks how she arrived?
She was only 9 months old when she arrived and I'm not sure what to put down?

any help is greatly appreciated. thx

[bduke]

She's never been deported or had any issues with the law since she's been here.

Just to clarify, did her parents or family members ever become citizens? Did she not ever attempt to adjust her status when she was younger?

I would suggest you consult with an immigration attorney. I personally know two people whose spouses did not come into this country legally and are facing deportation even though they are married to US citizens and have children.

Unless the law changes to legalize children or adults who came in as children through no choice or fault of their own, I foresee this being very difficult for you and your wife.

[vietnamkid]

Do not file the I-130 before you consult an attorney. Your wife may be subject to a 10 year ban from the US because she choose to stay in the US illegally after her 18th birthday. It doesn't matter if she entered when she was 9 months old. She knew she was illegal and choose to remain so after she became an adult. So the negative immigration consequences for her is because of her illegal presence after turning 18.

The US government will know that your wife is in the US illegally when you file the I-130. Because she is potentially subject to a ban, she will remain deportable despite the I-130. It doesn't matter that she is married to a US citizen and have US citizen children, she can still be deported and it will be 10 years for you to petition for her.

Talk to a qualified immigration attorney.

[bduke]

Additionally, you may want to read up on the DREAM Act, which is legistlation that has been proposed to give a conditional path of residency to people who came to this country as minors brought illegally by their parents.

Keep in mind that the DREAM Act is not law. Currently, there is no law on the books that would allow your wife to simply adjust status because she is married to you. She would have to apply and go back to Mexico [Ciudad Juarez] to interview. If she is denied entry, she would be banned for 10 years before she can attempt to come back in.

As for question #14 on the I130 application, do not lie about how she came in. I would first consult with an immigration attorney, but under no circumstances should you lie about anything. If you do, there are serious penalties since by signing the form, you attest that answers you have given are true.

[vinmelojr]

Sorry for the confusion, my wife told me that her aunt filed/petition for her and her parents back on 1991. She said her dad received a letter from immigration 3-4 years ago saying they were approved as a family and that's it. I need to talk to her parents for more info. thx

Would this change her approval/denial status? or having to go back to mexico?

[Raven]

Originally Posted by vinmelojr

Sorry for the confusion, my wife told me that her aunt filed/petition for her and her parents back on 1991. She said her dad received a letter from immigration 3-4 years ago saying they were approved as a family and that's it. I need to talk to her parents for more info. thx

Would this change her approval/denial status? or having to go back to mexico?

What is it that was approved 3-4 years ago? Definitely find out more about what the situation is.

Also, understand that there is no US consulate in LA county, or anywhere else in the USA. All US consulates are located in foreign countries. Since your wife is in the USA she won't be dealing with any consulate. We hope.

[vietnamkid]

Originally Posted by vinmelojr

Sorry for the confusion, my wife told me that her aunt filed/petition for her and her parents back on 1991. She said her dad received a letter from immigration 3-4 years ago saying they were approved as a family and that's it. I need to talk to her parents for more info. thx

Would this change her approval/denial status? or having to go back to mexico?

It doesn't matter if her aunt filed for her sibling and your wife was at one point a derivative beneficiary of that petition. Your wife is married so she no longer qualify as a derivative beneficiary. This petition does not affect your wife in any way at this point.

[vinmelojr]

Just found out that the form her dad received is a 245(i) for them (my wife and her parents). Have to go check it out tomorrow and read it myself since he couldn't really explain what it means. thx

[Raven]

Originally Posted by vinmelojr

Just found out that the form her dad received is a 245(i) for them (my wife and her parents). Have to go check it out tomorrow and read it myself since he couldn't really explain what it means. thx

245(i) is a section of the Immigration and Nationality Act. It deals with adjustment of status from non-immigrant to Permanent Resident.

[vinmelojr]

Just saw the form today and it turns out to be a I-797. Has a receipt date of April 18, 2001 with a notice date of June 24,2005 when her dad received it.
This is what says:

Notice Type: Approval Notice
Section: Sister or brother of U.S. Citizen, 203 (@) (4) INA

Case Type
I130 Immigrant Petition For Relative, Fiance (e), Or Orphan

How does this change my wife's filing situation? Does she still have to go back to Mexico? Could I be able to help her parents? thx for your help.

[bduke]

So if that was intended for her, did she file for a Green Card and SSN? If she didn't, why not?

[vinmelojr]

That's what I thought. When I asked what was holding them back from filing, he said they had to wait 10 years according to the "aunt" that petitioned for them. It didn't make sense and I haven't spoken to the "aunt". Can I file for all of them together? Or does her aunt need to file? thx

[bduke]

So they haven't asked questions to find out. You may want to go beyond tía anónima to find out more. If they petitioned for her on her behalf, I'd start with getting her Alien number and finding out her status.

Unless someone else has a better suggestion?

[vietnamkid]

There are some serious issues here that requires the attention of a qualified immigration attorney.

The Priority Date for the petition filed by your wife's aunt became current in 2003. Generally, a petition is considered abandoned after 1 year after the PD becomes current. If your in-laws did not proceed with the petition because they didn't understand what they had to do, then the chances of them reviving the petition is extremely low. Ignorance of the law is not an excuse. Every petitioner and beneficiary is responsible for his/her case and the failure to contact the NVC in a timely manner will result in the abandonment of the petition.

If the case (petition) above is closed, your inquiry to the NVC may alert ICE that your in-laws are in the US illegally. A petition by you for your wife will definitely alert ICE that she is here illegally. (You cannot petition for your in-laws since this is not allowed.) You are risking deportation for your wife and her family. This is not a do-it-yourself situation. You need to get a qualified immigration lawyer.

[vietnamkid]

Originally Posted by bduke

So they haven't asked questions to find out. You may want to go beyond tía anónima to find out more. If they petitioned for her on her behalf, I'd start with getting her Alien number and finding out her status.

Unless someone else has a better suggestion?

The wife and her family are not going to have alien numbers. The never finished the process and never received green cards. Alien numbers are issued on green cards. No green card = no alien number.

[vietnamkid]

Originally Posted by vietnamkid

There are some serious issues here that requires the attention of a qualified immigration attorney.

The Priority Date for the petition filed by your wife's aunt became current in 2003. Generally, a petition is considered abandoned after 1 year after the PD becomes current. If your in-laws did not proceed with the petition because they didn't understand what they had to do, then the chances of them reviving the petition is extremely low. Ignorance of the law is not an excuse. Every petitioner and beneficiary is responsible for his/her case and the failure to contact the NVC in a timely manner will result in the abandonment of the petition.

If the case (petition) above is closed, your inquiry to the NVC may alert ICE that your in-laws are in the US illegally. A petition by you for your wife will definitely alert ICE that she is here illegally. (You cannot petition for your in-laws since this is not allowed.) You are risking deportation for your wife and her family. This is not a do-it-yourself situation. You need to get a qualified immigration lawyer.

My previous analysis is based on the petition filed by the aunt in 1991.

If the aunt filed the petition in 2001, then the petition is still active. The parents will eventually get green cards in another 6-7 years. The current PD for F4 cases from Mexico is Dec. 8, 1995.

The wife will not receive any benefits under this petition. She no longer qualifies as a derivative beneficiary because she is married.

Go talk to an immigration lawyer. You don't want to file for your wife and then end up with her getting arrested, put into a detention center and then deported.

[vinmelojr]

Well this seems to get more and more complicated the more I find out, and unfortunately I don't have the money to get an attorney to file this for me, cuz the fees themselves for the forms along with her $1,000 dollar penalty (for entering the country illegally) is enough for me. But I'm determined to get this done for her and our family no matter what it takes. appreciate everybody's help and advice

If there's anybody that's had a similar situation or knows of other options (besides an attorney I would appreciate your help! thx

[vietnamkid]

Originally Posted by vinmelojr

Well this seems to get more and more complicated the more I find out, and unfortunately I don't have the money to get an attorney to file this for me, cuz the fees themselves for the forms along with her $1,000 dollar penalty (for entering the country illegally) is enough for me. But I'm determined to get this done for her and our family no matter what it takes. appreciate everybody's help and advice

If there's anybody that's had a similar situation or knows of other options (besides an attorney I would appreciate your help! thx

If you cannot afford a lawyer, you may be able to get free help.

Catholic Charities of Los Angeles provides lawyers to help the poor with their immigration issues. Contact them. http://www.catholiccharitiesla.org/w...-services.html

Be careful. Your good intentions may be result in very dire consequences for you, your wife, your children and your in-laws.

[Raven]

Originally Posted by vietnamkid

Alien numbers are issued on green cards. No green card = no alien number.

Alien numbers are issued to the benficiary of a petition when the petition is first submitted. The number may not be shown on the Receipt Notice, but it exists at that time. It is usually, but not always, shown on the Approval Notice.

[bduke]

Alien numbers are issued to the benficiary of a petition when the petition is first submitted.

I thought I was right. Thanks Raven!