Assistance in green card filing (spouse). hire a lawyer or self filing?

Question

which is better. to hire a lawyer or do a self filing for this situation.

fiance came here last sept 2006 as a tourist and met the ex-husband and got married before her 6 month expiration to stay in the states which she able to stay here, until the ex-husband hold her in the house and didnt file the papers and got some depression disorder which they filed a mutual agreement of divorce.

Now she is divorce, planning to get married and file her greencard

My questions.

1. those time she is married to a military, and didnt file any papers from ins to change her statuts is she legally staying here in the states? or she is already out of status after her expiration of stay here in the states?

2. now after marriage, and to file her papers. what forms should be file? I-130, G-325a, I-864, I-485.? is this forms need to be filed all together? or separately?

one of the forms needs the I-94 which shows that her stay is already expired. does this mean she is for deportation? or not because she got married and now just got the divorce?

3. Is there any fee for overstay?

4. Is it better to get a lawyer or can file on our own.

Answer 1

You shall get a lawyer.

Since you divorced your US citizen husband, you are no longer eligible for a Green card based on that 1-st marriage (which was terminated by divorce).

However, if you were abused by your ex-husband, there possibly may be another option for you -- to apply for a Green Card - to SELF-petition as a wife of Abusive USA citizen husband (even after divorce).

If you re-marry, you will not be able to file a self-petition, but you can apply for a Green Card based on that 2-nd marriage (and having your 2-nd husband to sponsor you). I assume that your future husband is a USA citizen.

If you have any additional questions, let me know.

P.S. I want to correct something told by other posters -- YES, you can adjust status and get a green card. If you came on a visa and have your I-94 card as a proof of lawful admission.

You shall consult or hire a qualified lawyer.

Answer 2

Trust me, get a lawyer.  

I just went through some h**l getting work visas for a performing group.  In my interview with the "adjudicator" (the one who finally decided), he said the two toughest things to understand are tax laws and immigration laws.  

Answer 3

No point hiring an attorney now.  She is an illegal alien and has been since her tourist visa expired.  There is no way to "legalize" an illegal alien, so an attorney is a waste of time and money at this point.

Furthermore, even if her ex-husband had filed for her, divorce would have nullified her visa application and she would have had to depart immediately upon the divorce.

Another marriage will not enable her to stay.  She has to return to her own country and she will barred from re-entry.  If she departs immediately and voluntarily, she might get a shorter bar than if she waits for deportation (she is very close to the cut-off for a difference between a 5-year vs 10-year bar).  After completing the bar, the latest fiance can file an application for a fiance visa.