Overstayed wife, will there be issues?

[Chile329w8 0]

Hello everyone! First I want to say that I've thoroughly read through this forum and found answers to some of my questions, but I haven't seen a case exactly like my wife's, so I felt it would be more comforting to ask the experts about our specific problem.

My wife entered the states ten years ago with her family when she was 13 on a Tourist visa. The visa has obviously since expired. She has graduated high school and even earned an associates degree! We met over a year and a half ago, and we got married and moved in together in January of 2010.

My main question is: How necessary is it to file an i-130 and i-485 at the same time? Our income is tight and we really can only afford to send in the i-130 right now. Will this cause an issue due to her overstay status?

Also, I am a college student and work only part time and am supported by my parents. They will have no problem filing as a joint sponsor of my wife. Do I need to send in an I-846 with the rest of the paperwork? I read on an FAQ from this site that they request this information after the initial paperwork process. Is that true?

Any help is greatly appreciated!

Thanks!

[Chile329w8 0]

I neglected to mention that I was born in the United States and am a U.S. Citizen.

[Brother Hesekiel 2,235]

Your wife entered legally with a visa (which is good), yet accrued overstay starting at age 18-1/2. If she leaves the country, she won't be coming back for at least 10 years.

Yes, you should file for AOS with 3 forms concurrently: I-131, I-485, and I-765 (the last one is a freebee).

I don't see problems with a successful AOS per se, but I see problems where others usually don't look.

Understand that in order to attend school these days, more so college, one has to state, in writing (which can be done by just marking a form), the she is either a US citizen, a resident (Green Card holder), or a foreign student. If she were to mark LPR or student, the school would want to see Green Card or, respectively, the J1, both of which she does not have.

If she, or her parents on her behalf, ever, after August 30, 1996 claimed that she was a US citizen, you have a real problem on your hand as that constitutes misrepresentation with a lifelong ban attached. If it happened before the magic date, there's a waiver available, to be filed from within the US.

I'm only bringing this up to get your mind set around this. It may never come up at the interview, but if it comes up, you need to be prepared.

Edited May 18, 2010 by Just Bob

[milimelo 4,295]

Your wife entered legally with a visa (which is good), yet accrued overstay starting at age 18-1/2. If she leaves the country, she won't be coming back for at least 10 years.

Yes, you should file for AOS with 3 forms concurrently: I-131, I-485, and I-765 (the last one is a freebee).

I don't see problems with a successful AOS per se, but I see problems where others usually don't look.

Understand that in order to attend school these days, more so college, one has to state, in writing (which can be done by just marking a form), the she is either a US citizen, a resident (Green Card holder), or a foreign student. If she were to mark LPR or student, the school would want to see Green Card or, respectively, the J1, both of which she does not have.

If she, or her parents on her behalf, ever, after August 30, 1996 claimed that she was a US citizen, you have a real problem on your hand as that constitutes misrepresentation with a lifelong ban attached. If it happened before the magic date, there's a waiver available, to be filed from within the US.

I'm only bringing this up to get your mind set around this. It may never come up at the interview, but if it comes up, you need to be prepared.

You mean I-130. She does NOT want to use the I-131 (AP) unless she wants a 10-year ban.