How do I get my wife back to the US? 8 Answers as of December 05, 2011

I am a US citizen and married to a undocumented person 5 years ago. She returned to her home country.

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Pacifica Legal Services
Pacifica Legal Services | Floyd Fernandez
What you do is apply for her with an I-130 Petition, then your wife files an I-212 application for permission to file for permanent status, followed by an I-601 application for waiver of inadmissibility and her I-260 application for permanent residence, through the U.S. embassy or consulate nearest her.
Answer Applies to: California
Replied: 12/5/2011
The Jarrett Firm, LLC
The Jarrett Firm, LLC | Patrick Jarrett
The answer to your question depends on the circumstances upon which your wife returned to her home country. There are waivers available for spouses of US citizens but you will have to determine eligibility for the waivers.
Answer Applies to: Georgia
Replied: 12/2/2011
All American Immigration
All American Immigration | Tom Youngjohn
You need to file form I-130 for her, and then, if she stayed illegally for over a year in the USA, you will need to file for a waiver of the ten year bar which popped up automatically as she exited the country. I'm assuming that she left the US on her own, and not as a result of immigration proceedings.
Answer Applies to: Washington
Replied: 12/1/2011
Law Offices of Grinberg and Segal
Law Offices of Grinberg and Segal | Alexander Segal
You will need to file an immigrant visa petition on behalf of your wife. This requires submitting the appropriate forms and supporting evidence. Once the petition is approved, the case will be transferred to the National Visa Center and then to the U.S. Embassy for further adjudication and issuance of the visa. As your wife was previously in the United States, she will need a hardship waiver to waive her unlawful presence. This requires you to show extreme hardship if she is not allowed to re-enter. If she was previously ordered removed, then she will also need an application for readmission depending upon exactly how long she has been out of the country. This is a complex matter and you should discuss your case in more detail with an attorney before taking any action.
Answer Applies to: New York
Replied: 12/1/2011
The Law Office of Khoa D Bui
The Law Office of Khoa D Bui | Khoa D Bui
Your question left out some crucial details on how your wife returned to her home country. If you haven't filed a petition for your wife just yet, this will need to be done. In general, depending on the circumstances of her coming into the US and the length of stay, she will be barred from coming back for a certain time unless she qualifies for a waiver of such ban on the ground of the extraordinary hardship her absence from the US would case to you, or your children. You will want to consult with an immigration attorney for the specifics of the above.
Answer Applies to: California
Replied: 11/30/2011
    Fong & Associates
    Fong & Associates | William D. Fong
    You don't provide much detail, but generally speaking you file the relative petition and after it is approved, she will apply for the immigrant visa at her home consulate. She will likely need a waiver for the immigration violation.
    Answer Applies to: Texas
    Replied: 11/30/2011
    Kriezelman, Burton & Associates | Matthew Scott Kriezelman
    You would need to file a form I-130 to classify your wife as an immediate relative. It is possible she will also need a waiver to be filed as well depending on her prior immigration history.
    Answer Applies to: Illinois
    Replied: 11/30/2011
    Matthew Cameron Attorney at Law
    Matthew Cameron Attorney at Law | Matt Cameron
    As a starting point for this question, you should know that anyone who has been in the United States out of legal status for more than one year is not supposed to return for ten years. It is very possible that you will be able to petition for your wife to return to the United States as a resident despite this hurdle, but there several few key details that I would need to know before I could properly form an opinion as to this possibility.
    Answer Applies to: Massachusetts
    Replied: 11/30/2011
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