Visa waiver immigration question

Question

I have a couple questions regarding legalization.

I would like to get my wife of 7 years legal. She came from Australia in 2000 and we married in 2001.

1) She does have her passport but she doesn't have the visa waiver form any longer. The stamp that shows her entry in 2001 is no longer visible, I think she washed her passport and it came off.

2) I make a little over $30,000 a year which isn't spectacular. Is that enough to prove that I am financially able to sponsor her?

Answer 1

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1. The State Department keeps records of people entering.  If you could approximate the date, the State Department will have that record.

2. $30,000 is enough to prove that you are financially able to sponsor her.

Answer 2

1. There is a record for each person who enters the US. You have to specify the POE (point of entry).

2. You can prove that you are able to support her since your marriage is solid (i.e. pay taxes together, live together, have kids, etc.)

3. Hiring an attorney can really make a difference if you want to have things organized the attorney way. I have one, and she's great.

Good luck sir for you and your wife.

Answer 3

The burden of proof is upon your wife to show that she entered the U.S. at a known time and place. In the absence of an I-94W and a readable stamp in her passport, she may not be able to meet that burden. It's just as possible that she entered without inspection as it is that she entered after an inspection when there's no proof of a legal entry.

All you can do is present the washed passport and any data she may recall and hope for the best. Your income should be sufficient for two people.

You can always file an I-130 and your supporting documents. She can file an application to adjust status, form I-485. Pay the fee and wait for an answer. You'll never know if you don't apply.