Green Card + Illegal status marriage.?
Answer:
Unfortunately to best and possibly only thing that can help your situation is by becoming a US citizen..dont even try to apply for her as a permanent resident, then get a good lawyer.
check out www.nolo.com look for immigration law.
apply with form I-130 and then either apply for citizenship to speed up process or expect at a 5-7 year wait for her visa. but you will encounter other problems when completing the process due to her illegal status, unless she had a previous approveable when filed I-130 submitted on her behalf before 04/30/2001.
You need to be a US Citizen to file for a spouse.
She is in the US illegally- she will need to return to her home Country to go through the Visa process there. The fact she was in the US illegally could really hurt her chances- she may be denied.
I would strongly suggest a good Immigration Attorney to find out what options you have.
You just need to find a good immigration lawyer. And if you are not a citizen yet, just wait to file the peition for her until you become the US citizen because you might waste your money. But if you don't need to worry about money, just file the petition. But you must see a lawyer first to do anything because this case is not common.
And because of your wife's status, you need to file I-485 Supplement A along with other necessary documents for Adjustment of Status. I-485 Supplement A is for the person who has entered the US illegaly and by filing this form with the penalty fee ( $1000 dollars), she can become a legal resident. But I don't know how long she's illegally been in the states. So I can't really say that just paying $1000 dollars along with other fees makes everything ok. So you really need to find a good immigration lawyer for her.
Good luck.
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