WIFE AND I ALREADY LIVE IN US

[dtw313 0]

My wife is Native American (50%+) and she came here in 04. My question is, will it be a problem when applying through IR-1?

[dwheels76 5,461]

My wife is Native American (50%+) and she came here in 04. My question is, will it be a problem when applying through IR-1?

I gather you are the US citizen and she is the immigrant? So you are saying she came here in 04 and overstayed? I don't get your question or why it matters she is 50% Native American. Could you clarify please.

[Ontarkie 13,915]

Where was your wife born, I found this link http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=82a83a4107083210VgnVCM100000082ca60aRCRD&vgnextchannel=82a83a4107083210VgnVCM100000082ca60aRCRD for Native Americans born in Canada. Follow these steps for your wife.

~~~~Moved to Adjustment of Status from Work, Student, & Tourist Visas, from IR-1/Cr-1 Process and Procedures~~~~After rereading the steps your wife will take I realize your question does not really fit any spacific place, I will leave your thread here as this forum deals with many issues.

Edited December 30, 2012 by Ontarkie

[dtw313 0]

I gather you are the US citizen and she is the immigrant? So you are saying she came here in 04 and overstayed? I don't get your question or why it matters she is 50% Native American. Could you clarify please.

Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

[ceadsearc 515]

Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

Are you a USC? Or are you trying to adjust your status?

[dtw313 0]

Are you a USC? Or are you trying to adjust your status?

I am the USC

[ceadsearc 515]

I am the USC

Oh, ok, then you shouldn't have any issue. She can either apply for a green card based on her Native American blood (see link above), or she can apply to adjust status from within the US (II-130 & I-485) based on her marriage to you. You can do the IR-1 if you really want but that doesn't make any sense for you unless she intends to move back to Canada in the meantime. IR-1 is when the spouse is not already in the US.

Edited December 30, 2012 by ceadsearc

[dtw313 0]

Thank you

[dwheels76 5,461]

Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

Thank you and WOW i learned something cool and new. That link is really informational. And of course a Visa should be a guarantee for your wife. Congratulations.

[blankmedia 41]

Sorry, she is Canadian. The reason I mentioned that she is 50% Native American is to show that she has been here legally the whole time. Everything I have read always states that the applicant came to the US after starting the application. In our case, we are already here and will that make a difference?

File as Native American, If she has a Status Card from Indian Affairs (or whatever it is called now). The reason being, is that it will be free, as it is free for Natives, but not for spouses. Its a pretty simple process as long as she has her documents.