dhjournalist

ok..my wife has been here since she was a baby..she immigrated from
mexico and she was on a waiting list for a visa..she got disqualified
when we got married and now we have to apply for a visa being married
she should automatically have one available for her, right?, what form
is it from the USCIS and how much does it cost??

nettlebed

Assuming you are a US Citizen, start here:

http://uscis.gov/graphics/services/f.../howdoi/A1.pdf

If you a Green Card Holder, start here:

http://uscis.gov/graphics/services/f.../howdoi/B1.pdf

meauxna

With respect to nettlebed for offering you a starting place, I'm going to disagree. If your wife has been here for many years, probably an undocumented entry, and has had other immigration papers filed on her behalf, you are waaaay beyond the do it yourself type case.
Do right by your wife and find a lawyer, or immigration charity to help her solve her case.
Example: if she is inside the US, she might need a visa, or she might not. You need to know what you're doing, or your wife might not be returning to the US for her lifetime.

Amanda

[email protected] wrote:
    > ok..my wife has been here since she was a baby..she immigrated from
If she emigrated as a baby, she would have come in an immigrant visa
would already have been a resident at least.

It didn't sound like she emigrated. You must find out whether she came
on a visa and when or whether she crossed the border.

If she was waiting for the visa, it sounds to me like one of her
immediate family members filed the peititon for her for residency.

You must understand that if she entered this country w/o being
inspected, she would have a hard time getting to Adjust Status (via
peition filed by her family or via petition filed by you) which you
referred to as visa.

If she entered the country on a visa, she may be eligible to use 245(i)
when adjusting status.

If you get a lawyer, get a qualified one. Minew was a member of AILA
(I got her through ILRS) didn't fill I-485 Supplemental Form A for
245(i) even though I told her during the consultation that I would need
that. And thanks to her (and her paralegal), I got birthdate issue
problem on my greencrad now.

So learn the steps involved and know what your lawyer is doing.

scrubbedexpat099

Far too many possible scenarios, you need to be a bit more detailed.

Assuming she did not immigrate, then have a look at www.immigrate2us.net and the I601 board.

Rete

This is an assumption and not particularly a correct one. People who are unfamiliar with the CIS system, and that is the majority of US citizens, they would use the word immigrated to mean she left her country to come here. It does not necessarily mean her family did so legally.

Now you are asking the correct question as opposed to your first sentence.

If your wife and her family entered the US without inspection, your wife might not be eligible for the Section 245(i) unless there is a way for her to be grandfathered in.

Please do as others have suggested, contact an ALIA member attorney. ALIA is the name of the organization set up for immigration specializing attorneys to participate in. It does not make them necessarily wiser unless they read the updates on immigration available to them through the ALIA organization and/or participate in their workshops. Be sure to ask lots of questions and get two consultations from two separate attorneys.

Rete