raj267raj
Oct 28, 2010, 08:46 AM
But her credit is not good but she has job now
lawanwadee
Oct 28, 2010, 01:56 PM
If she is qualified, yes. Better consult experienced immigration attorney...
NYcityboy
Oct 28, 2010, 02:59 PM
I agree with lawanwadee; she can file for you now, your overstay is forgiven under section 245(a), but she has to sign the I-864 affidavit of support, so she has to show income of 125% of the HHS poverty guideline. Credit should not be a problem, but consult with an experienced attorney to make sure she files the strongest possible case.
Good luck.