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Lost2024

Veteran- Wife is Out of status

By Lost2024 in Military Immigration-Related Discussion

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Lost2024 Newbie

Lost2024   0

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Wife had a H1 in 2000, lost her job, got married to green card holder. Marriage ended in divorce. I married her 6 years ago. 
Here are the issues 

1) she is out of status since 2000

2) has been working and filing taxes with ex, and then with me. 
3) has 2 children that are US citizen.

 

Our problem is with her filing taxes, does that make her inadmissible? Is there a way to ask for a pardon or will that be forgiven since she is married to a us citizen who is a veteran (I retired a year before we got married after serving for 26 years).

 

Now in document we do have her ex was abusive and there were pending charges against him 

 

Any advice? Or someone know of a good lawyer?? 
 

Appreciate any help! 

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Dashinka Grand Master

Dashinka   24,512

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Filed: Citizen (apr) Country: Russia
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Not too worried about taxes as you say she has been filing accordingly.  As to unauthorized work, that is forgiven if filing as the spouse of a USC.  That being said, this does look like lawyer territory, you may try Jim Hacking's YouTube show to ask about your options, but I believe you can file the I130/I485 since she did not enter the US illegally (i.e. without inspection).

 

Good Luck!

Visa Received : 2014-04-04 (K1 - see timeline for details)

US Entry : 2014-09-12

POE: Detroit

Marriage : 2014-09-27

I-765 Approved: 2015-01-09

I-485 Interview: 2015-03-11

I-485 Approved: 2015-03-13

Green Card Received: 2015-03-24 Yeah!!!

I-751 ROC Submitted: 2016-12-20

I-751 NOA Received:  2016-12-29

I-751 Biometrics Appt.:  2017-01-26

I-751 Interview:  2018-04-10

I-751 Approved:  2018-05-04

N400 Filed:  2018-01-13

N400 Biometrics:  2018-02-22

N400 Interview:  2018-04-10

N400 Approved:  2018-04-10

Oath Ceremony:  2018-06-11 - DONE!!!!!!!

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Boiler Grand Master

Boiler   45,525

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Filed: K-1 Visa Country: Wales
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Did her ex file for her, that could cause an issue.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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