illegal wife petition question ?

Vivac

Just use the following and she should be fine provided she has a copy of her I-94 arrival record.

"Who Qualifies:

Any U.S. Citizen in the United States with a Foreign National Spouse who entered the U.S. legally with a visa or a visa waiver. It is OK if the visa or I-94 has expired. Canadian Citizens do NOT need to show proof of entry (visa or visa waiver).

An Overview of the Process:

Once the marriage has taken place, the couple files the following with USCIS:

1. Petition for Alien Relative (USCIS Form I-130)
2. Application to Register Permanent Residence (USCIS Form I-485)
3. Biographic Information (USCIS Form G-325A)
4. Affidavit of Support (USCIS Form I-864)
5. Permission for Work Authorization (Optional) (USCIS Form I-765)
6. Medical Examination Results (USCIS Form I-693)
7. Request for Travel Documents (Optional) (USCIS Form I-131)
8. The appropriate supporting documents
9. The USCIS filing fees ($1,010 to $1,365).

The USCIS will contact you first regarding the Biometrics / Fingerprinting Appointment.

The USCIS will then issue the work authorization and permission to travel approximately 90 days after filing.

The USCIS will contact you next to schedule an interview. This will be anywhere from 6 months to 9 months after filing the initial application.

Following a successful interview, the foreign national spouse will receive a stamp classifying him/her as a Conditional Permanent Resident.

USCIS will mail the Permanent Resident Card (Green Card) approx 4-8 weeks after the successful interview.

The Conditional Status may be dropped by applying for Removal of Conditional Status (USCIS Form I-751) within 90 days of the 2 year anniversary of the granting of Conditional Permanent Residency."

Hugo

It depends upon her current status. If she's a visa over stayer, she has a shot-maybe. If she entered the country uninspected then she has to return to her country of origin first.

David

depends on how illegal she is ..file to adjust status ..
you will either get a green card in 6-8 months or a deportation order

http://www.familybasedimmigration.com/forum/adjustment-of-status.php

If by illegal you mean she entered illegally and has never had legal status in the country, then there's pretty much nothing your marriage can do. She will be deported and get banned from re-entering for 10 years. You can file for a waiver of inadmissibility but this will only get approved if you could prove that being apart will cause extreme hardship. If she entered legally and overstayed, then you may still be able to fix her papers.

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