Immigration Issues/Help on form I-130

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QUESTION: Hi David.Im a naturalized U.S citizen and im filing out form I-130 for wife, she has a valid b1/b2 visa and is living with me in US, she returned her I-94 before it expired and then crossed back to us, but did not get a new I-94, so on question 14 + 15 of form I-130 it ask questions about that, what should i put down as an answer? or she now considered to be here illegally? Thank u
ANSWER: My question would be, did she present herself for inspection when she re-entered?
Obviously question 14 needs confirming information.  However, CIS will be able to pull up her entry record and supply her with an I-94.   Question 15 relates to Employer.


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QUESTION: Thank you for your prompt response, well she crossed the border by car with a friend and her visa was not scanned that time. she did however write down the I-94 number that she returned. would you advise for me to use that I-94 number and date even tough she returned it already?
Thank u. she wants to go back to mexico and get a new I-94 but im afraid if they know she is now married they wont let her cross anymore
ANSWER: I would suggest she return to Mexico, then return with a K-3 visa (married to a USC).  This will permit her to enter without any problems with her intention on staying and will allow time for the I-130 to be processed.  She will likely be issued an EAD (Employment authorization card) in the interim.

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QUESTION: Hi david, thanks for your prompt response, since the marriage took place in U.S. this past dec of 06. does she have to go to mexico or can she file for the K-3 in u.s  

Answer
My problem lies with her last manner of entry...it does not appear she was inspected which means she in the US illegally.  If she were to return to Mexico apply for the K3 then return, there would be no issue of her status to deal with, which can be problematic.

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David

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Immigration Law enforcement Border Patrol

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30 years Immigration law enforcement/management, criminal investigations, Homeland Security including Border Patrol operations

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