Visalia, CA Immigration Law Firms & Lawyers

Probably better to be honest. Better divorce, then file alone using the waiver. (Got married in good faith but marriage fell apart through no fault of alien). She should present all available documents to show they were living together such as joint taxes, medical, insurance, bank records, rental agreement, etc.. It is always easier to gather those documents before moving out of the house. She should also include a statement how she met him, their life together, why it did not work. However, she would increase her chances of success with an experienced attorney.

Technically, by staying out of the U.S. for more than a year, they are deemed to have abandoned their green card. However, if you have proof of your father's illness and surgery (medical records, etc.) the abandonment issue can be overcome. When they return back to the U.S., they most likely will have their green cards cancelled and be placed in removal proceedings. They should deny the abandonment and request to be paroled in. Once they are before the immigration judge, they will need to prove the medical issues. Good luck.

Assuming you entered legally in most areas it is about 4 months until your interview. Your I-485 includes fees for the work and travel permits so definitely include the I-765 paperwork and I-131 if you are eligible to travel . These are complicated cases and I recommend you retain an attorney to advise you and oversee the process.