If inmigrant wife is in the USA does petioner file I-130

[Juaco 5]

My wife from Colombia is with me (I'm a US citizen) and she overstayed her visa. Do I need to file a I-130 and I-130A ?

[aaron2020 11,651]

What visa did she use to enter the US?

[debbiedoo 2,339]

How long ago did she enter and what visa type did she enter on? I dont think it will affect the forms you need though or eligibility (but it may). Is it the only visa overstay she has had?

 

File forms I-130/I-485/I-765/I-131 concurrently. Follow directions on each form.

[Juaco 5]

Wife entered with a B2 visa.

 

Thanks for your reply

[aaron2020 11,651]

21 minutes ago, Juaco said:

Wife entered with a B2 visa.

 

Thanks for your reply

You will need to file the I-130, I-130a, I-485, I-131, and I-765.

Edited November 21, 2019 by aaron2020

[Juaco 5]

Does my wife need to get a medical examination (I-693) when filing I-485 or should she wait untill notified? I read that it can expired.

[EvelynandKarla 1]

4 hours ago, Juaco said:

Does my wife need to get a medical examination (I-693) when filing I-485 or should she wait untill notified? I read that it can expired.

I recommend to wait until they ask for it, I sent mine a few months ago and package was lost, so now I have to get a medical exam again

[MrsCrabs 24]

23 hours ago, aaron2020 said:

You will need to file the I-130, I-130a, I-485, I-131, and I-765.

Do you also need to file Affidavit of Support I-864 or it will be later after I-130 is approved?

[Just Paul 4,595]

17 minutes ago, MrsCrabs said:

Do you also need to file Affidavit of Support I-864 or it will be later after I-130 is approved?

Yes you need to file the I-864.

[Juaco 5]

I'm filing together form I-130 and I-130A. Are the require documents to prove family relation only for form I-130?  In other words since form I-130A supplement it does not require separate evidence? Also should pictures of us together and with family also be included?

 

Thanks team

 

Edited November 22, 2019 by Juaco
typo

[Just Paul 4,595]

16 minutes ago, Juaco said:

I'm filing together form I-130 and I-130A. Are the require documents to prove family relation only for form I-130?  In other words since form I-130A supplement it does not require separate evidence? Also should pictures of us together and with family also be included?

 

Thanks team

 

There are 6 forms that should be filed, all listed above.   Read the instructions to see what should be included with each form.   There is also a good guide on this site about what to do if you are adjusting within the US versus consular processing.   Use the USCIS fee calculator to make sure the amount you send is correct.

[Juaco 5]

Do I need to provide original translated documents or can I send copies? 

[Just Paul 4,595]

2 hours ago, Juaco said:

Do I need to provide original translated documents or can I send copies? 

In the instructions of form I-130:  https://www.uscis.gov/i-130

 

You send copies of the translated documents in the petition.

 

You take the originals  the certified copies of the translated copies to the interview.

[Juaco 5]

Before and after her B2 visa expired my wife worked (illegally) doing odd jobs. After her visa expired she got an IRS Tax number so she can move into an apartment.  Are these grounds for rejecting her Green Card application?

[Just Paul 4,595]

21 hours ago, Juaco said:

Before and after her B2 visa expired my wife worked (illegally) doing odd jobs. After her visa expired she got an IRS Tax number so she can move into an apartment.  Are these grounds for rejecting her Green Card application?

Those are issues best discussed with an attorney.

 

Her overstay is forgiven, however, working on a B2 and how she obtained a social security number, while being out of status, may cause some issues.