Getting my wife back to the US

[jvefam 0]

Hi I'm new here with forums and not sure what visa type we are? Hi I'm new here, have a question, first I'm a American citizen born here in the United States. got married in 05 to my wife,she entered the us illegally in 02/03 about, did a i130 in 06 and our lawyer who did it for us never told us to keep it updated do it eventually expired we found. Recently we decided that my wife would leave the country to work for her sister who owns a profitable business in Spain and is a Spanish citizen. We were told it was a good idea to do this to become legal here in the US. She got a visa to go work there in July, so she had to go to Peru first to get a stamp in her passport I think? Then went to Spain to work and lives with her sister. I broumy son there in late September to stay with her. Now im trying to get them back and her on the legal path, and hopefully it will work?, I know there's a 10 year bar that will have to be lifted?. Can you help?.thanks

[NigeriaorBust 4,087]

You start by filing an I130 petition to bring your wife here. It shoud be approved and then when she has an interview she will be denied because of the ban. If a waiver can be filed she will be told at that time. You can file the waiver right after the denial. The shortest timeline would be about 2 years.

[Penguin_ie 5,994]

***** Moving from DCF, as Spain does not offer this, to Waivers forum as the main issue will be the overstay ******

[jvefam 0]

So to start should I do a i130 first ?

[NigeriaorBust 4,087]

Yes that is the petition you need. There are guides for the process. Once she is denied at the interview the process to apply opens up.

[jvefam 0]

Thanks everyone.