Can my brother's wife file I-130 for his minor children? 3 Answers as of October 01, 2014

My brother came to the US as a tourist. He over stayed and is now considered illegal. He got married recently to a US citizen.
1) Can he change status? What’s the procedure?
2) Does the wife have to petition him first?
3) Can his wife file I-130 for his minor children?

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Baughman & Wang
Baughman & Wang | Justin X. Wang
I-130 and I-485 can be filed concurrently. His wife can file a separate I-130 for her step child if the child is outside of the US as long as the child is under 18 when she married your brother.
Answer Applies to: California
Replied: 10/1/2014
Law Offices of Linda Rose Fessler | Linda Fessler
I would save your time and money. He is illegal and I doubt it will work. I do not understand why people always have to do things the wrong way, when it would have been just as easy to do it the right way. He could have left the country when he was supposed to, received a fianc? visa and a visa for his kids.
Answer Applies to: California
Replied: 10/1/2014
Law Offices of Christine Green
Law Offices of Christine Green | Christine Green
His U.S. citizen wife can now petition for him and his minor children. Work with an attorney to guide you through the process.
Answer Applies to: California
Replied: 10/1/2014
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