EXPIRED VISA & B-2/MARRIED IN 04/ AOS NOW/ special situation

[i485papers 0]

I am in the armed forces (Marines), and i got married to my wife in 04, who is from morocco,& is here with me now, but all of her papers have expired (latest one- visa- march 06) . she has been in the US since 98 and has continued to live in the US because her parents got married in 02 and have been trying to get her status changed. Her interview met with a withdral because she was now married to me. We are now trying to fill out an i845 with many questions.

1) What is my application type in pt 2 of the i485?

2) Do i have to fill a i-130? she has been here since 98 & got here with a B-2. & still has been here & i was born here in the USA & serving in the armed forces & we are living together.

3)PT3: have you ever applied for permanent residence in the US? - Mother & stepfather married in 02 were doing the i485 for my wife(then girlfriend), because mother wasn't a us citizen. Interview date came & was withdrawn because of the now current marriage. is it yes or no? do i need an exact date?

4) current USCIS Status- All of her papers have expied she came on a B-2 in 98

5) Medical exam- we did an exam early 2006. when does this exam expire since we are filing now?

I would appreaciate any type of advice as you can see i have a very special cituation.......

[Ania79 0]

1) What is my application type in pt 2 of the i485?

A - an immigrant petition giving me an immediately available immigrant visa number has beenapproved. (Attach a copy of the approval notice, or a relative, special immigrant juvenile orspecial immigrant military visa petition filed with this application that will give you animmediately available visa number, if approved.)

2) Do i have to fill a i-130? she has been here since 98 & got here with a B-2. & still has been here & i was born here in the USA & serving in the armed forces & we are living together.

Yes, you are the petitioner for your wife so you have to fill it out. This document established that you are a USC and that you want to sponsor your wife.

3)PT3: have you ever applied for permanent residence in the US? - Mother & stepfather married in 02 were doing the i485 for my wife(then girlfriend), because mother wasn't a us citizen. Interview date came & was withdrawn because of the now current marriage. is it yes or no? do i need an exact date?

It is a YES. The exact date is not necessary just write down a quick sentances such as these ones "Form I-485 was filed on my behalf by mother in XX of 2004. It was consequently withdrawn because I married a XX, a USC"

4) current USCIS Status- All of her papers have expied she came on a B-2 in 98

Currently, she is an illegal immigrant.

5) Medical exam- we did an exam early 2006. when does this exam expire since we are filing now?

Yes, I believe it is still valid, just make sure to fill out the forms quickly.

Good luck but I think it will go easy for you so don't stress out

[i485papers 0]

i read in another forum that if the paper have expired (latest visa mar06) that you insert what u last came in with to the US (they had an example of a person with a similar situation and put b-1 on a sample pdf.)

if she is now illegal, how whould i be able to do her papers & now worry about deportation/ filing more papers?. How do i right down illigal immagrant in the "current USCIS status & expiration date?" wont that be.....a little strange?

how long is that i130 take to file & what is that outcome of filing that paper? i am in california, im looking at the chart....and it say that there now doing the ones file in dec 05......jesus your telling me i have to wait 6 mo?...and.. can i just send them both in together.....

god i wish things were more simpler............

[rushter 0]

(USCIS status & expiration date:)

I'd put:

Previous Dependent of B2 Visa Exp: xx/xx/1998, Out of Status.

Don't know how those other visa things work but the above should work unless someone can come up with something better.

[ryncarr 0]

I485papers,

It may be good to consult with an immigration attorney at this point.

Your wife's situation is complicated, however, she does have a basis to immigrate, both as your spouse and thru her parents. Her overstay though is another story but as far as she has not gone beyond 180 days of overstay (which she has not- as her visa expired March '06) she should be fine.

I wouldn't waste time though if I were you.

I hope this helps and good luck.