Brand new and need advice

[Curelover32 0]

I'm sorry for being so naive, but I'm learning little by little. In our situation, she came EWI 5/2004 then she had her daugther in Houston 10/2005. We got married in June 2006 and she is currently 4 months pregnant with my child. She has never been in trouble here or Mexico, and even worked as a Lawyer in Mexico because she has a Pre-Law degree from a University in her home town. Is our next step the I-129 and the I-130 together or one before the other? When do we let the FBI check the fingerprints? We have a Immigration Counselor here in Houston that is advising us to do a "FBI" fingerprint scan before we file the I-130. It will cost $75.00 plus $18.00 to the office. Is this scan necessary? I'm really trying to understand the whole procedure. Any suggestions would be greatly appreciated.

[Dr_LHA 3]

Can you explain what "EWI" means? Is your wife here legally?

I don't know why you would need the FBI check before filing I-130, that is usually done as part of the procedure if you file I-130 and I-485 concurrently only a few weeks after filing usually.

[Curelover32 0]

Can you explain what "EWI" means? Is your wife here legally?

I don't know why you would need the FBI check before filing I-130, that is usually done as part of the procedure if you file I-130 and I-485 concurrently only a few weeks after filing usually.

Entered without inspection. She crossed here illegally 5/2004. Is the FBI check party of one of the packets. I just don't want to pay money to someone when we can do it ourselves. I heard that a I-129 form can speed things up. Do I file a I-130 and I-129 at the same time or separate? So confused.

[Dr_LHA 3]

Entered without inspection. She crossed here illegally 5/2004.

Then you should be asking these questions of an immigration lawyer.

Is the FBI check party of one of the packets. I just don't want to pay money to someone when we can do it ourselves.

You have to pay for Biometrics/FBI check anyway, I can't see any good reason to do it before filing for AOS. That sounds like it would just complicate things.

I heard that a I-129 form can speed things up.

I-129F (I assume you don't mean I-129) is only for getting a Visa for a fiancee. You are married so won't be filing this form.

[gcox457 0]

Entered without inspection. She crossed here illegally 5/2004.

Then you should be asking these questions of an immigration lawyer.

Is the FBI check party of one of the packets. I just don't want to pay money to someone when we can do it ourselves.

You have to pay for Biometrics/FBI check anyway, I can't see any good reason to do it before filing for AOS. That sounds like it would just complicate things.

I heard that a I-129 form can speed things up.

I-129F (I assume you don't mean I-129) is only for getting a Visa for a fiancee. You are married so won't be filing this form.

I-129F is also used for K-3, btw.

[Yodrak 7]

Curelover,

I-129 is a petition for an alien worker. I can't imagine how that would speed things up in your situation, and with the amount of overstay that your wife has I don't think that you want her to be applying for a visa of any kind.

I agree with dr_lha - you want to be talking with an immigration attorney.

Yodrak

Entered without inspection. She crossed here illegally 5/2004. Is the FBI check party of one of the packets. I just don't want to pay money to someone when we can do it ourselves. I heard that a I-129 form can speed things up. Do I file a I-130 and I-129 at the same time or separate? So confused.

Edited August 1, 2006 by Yodrak

[Dr_LHA 3]

I-129F is also used for K-3, btw.

Yes OK (the name "Petition for Alien Fiance" threw me I guess). However a K3 is a visa, which she would only need if she wasn't in the country, which she is, legally or not.

Edited August 2, 2006 by dr_lha