She did not legally enter the country she has a passport from mexico. Her daughter was born here and is now 7 years old. I am a US citizen born here and we have been living together for 2 years and getting married this december through city hall. Her daughter sees me as her father I do not want to lose them and just want to know what the process would be? What would I need to do once we are married. She did not enter legally and the reason I want to help also is so that she may visit mexico to see her family and return with no problems. For her daughter and myself as well.I have a steady job and make only 24000 a year want to know if this will be a factor as well
First, and most important, hire an immigration lawyer. You can petition for her to get a green card. You will also petition for an I-601A waiver and, upon approval, she will go to the US consulate in Ciudad Juarez, Mexico to visa process and return to you with a green card. Good luck
In order for your soon-to-be wife to receive a green card, you would need to file Form I-130, Petition for Alien Relative first. Once that form is approved, she would have to apply and receive a waiver of inadmissibility because of her illegal entry. Once this waiver is approved, she will then have to go to the US Consulate in Mexico and attend her interview there (she will be outside of the US for just a few weeks). Once she reenters the United States, she will receive her green card within the month. The Waiver, however, is a very serious application that requires substantial evidence. You should hire an attorney to guide you through this process.
It is strongly recommended that you consult with an experienced immigration attorney around your area. He or she will be able to help you in detail based on your situation. This is a general discussion board and the attorneys are not permitted to give case-specific answers. However, it is very possible for your new wife to secure what you intend. I have attached a link to poverty guideline. Again, it would be best if you see an attorney right away and move the case along. Best of luck to you.
Please be advised that this response contains only general information based on hypothetical facts given in the question. This interaction does not form attorney-client privilege and the response should not be relied upon to either act or refrain to act without first consulting a licensed attorney. The author disclaims any and all liability in respect to actions taken or not taken based on his comments.
Before sending your future wife out f the country you should look at filing a I-601A. As the immediate relative of a US Citizen (Her Daughter), your future wife can be proactive and apply for a waiver on a provisional basis of Adjustment of Status, using Form I-601a, before leaving the United States. Then go about the normal green card application process.
You and your future wife sound to have a complicated situation. I encorague you consult with a immigration attorney. There are plenty of local agencies in and around New York city that have low cost or free services for immigration. For instance Catholic Charoties in Newark, NJ offers $50 - $60 consultation Tuesday and Thursdays. Their link is attached.
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