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Filed: Lift. Cond. (pnd) Country: Peru
Timeline
Posted

This is only my understanding. You wife has been an illegal alien in the USA since 2004, or 8 years, by overstaying her visitors visa. This is why it is so difficult for citizens from poor countries to get a visitors visa to the USA. Should you attempt to do the AOS, the USCIS is going to require your wife to return to her home country, Mexico, so you can begin the process for the AOS. At that time, the USCIS will deny her entry back to the USA for either 5, 10 years, or up to life. You gal really damaged her eligibility to stay in or return the USA and she knew this when she did it back in 2004. Never violate a VISA by overstaying. My gal has a cousin that is doing this very thing right now and I have been telling her what is going to happen when he gets caught. And, he will get caught. I am sorry for your situation.

Regards,

Sid

This is the most inaccurate comment I've ever read on this site. "Your understanding" is incorrect, so instead of freaking people out, like your gal's cousin and ovidio, do the research before commenting on people's cases. The correct answer is really just a click away. If you don't want to do the research, or don't know the answer and can't post anything useful, just don't post anything at all.

Hi Ovidio, just file a I130 and I1485. One key thing is that your wife has her I94, this is the document they staple in your passport stating when you came in. That will show that she did indeed came in legally. I am from Peru, and if I had lost it, there's ways of getting a copy of it. So if your wife does not have it, she can probably get a copy.

Met my wife: Spring 2010
Became Bf & Gf: July 16, 2010
Got engaged: July 16, 2011
Wedding: August 11, 2012
Sent AOS Docs: December 12, 2012
Rec'd Receipts: December 22, 2012
Rec'd Bio Appt: December 24, 2012 (1/7/12)
Biometrics Done: December 28, 2012 (went early because I wouldn't be able to go on the 7th)
Rec'd Req for Evidence: January 5, 2013 (initial request for my joint sponsor's proof of citizenship)
Sent Evidence Requested: January 10, 2013 (my join sponsor's certificate of naturalization)
Evidence Received: January 15, 2013 (status updated on USCIS website)
Testing and Interview: January 25, 2013 (status updated on USCIS website - now just waiting for the interview date)
Interview date set: January 30, 2013 (our interview was set for March 6th, 2013)
EAD Approved: February 12, 2013
EAD Card Production: February 15, 2013
EAD Card Mailed: February 19, 2013
EAD Card Rec'd: February 23, 2013
Applied for S.S.No.: February 25, 2013
Interview and Approval: March 6, 2013
Green Card Rec'd: March 14, 2013
Applied for new S.S. card: March 15, 2013
Rec'd S.S. card: March 22, 2013

Sent I-751: January 10, 2015

NOA1: January 15, 2015

Biometrics: February 20, 2015
Green Card Rec'd: June 8, 2015

 
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