Active duty Soldier married to a non-document spouse

[tristesamortal]

I am a Active Duty Soldier stationed in the US ( will deploy next week to afghanistan) . I was married may 2009 to my wife who is undocumented, but we have been together for almost 2 years. she is pregnant and we have a 10 month old baby
I'm a US citizen. I was told by USCIS that she had to leave the country and then file the I-130 form. they told us that she had to wait or stay in mexico for 10 year.

we are very confuse and dont know if we should file now or after my deployment, but i think the sonner the better.

[citi786]

File away my friend. If she has undocumented status over one year, she will be banned for 10 years. Hopefully CIR passes and you guys will be fine!

[Ron Gotcher]

You may file the I-130 now. Once it is approved, you need to deal with the issue of your wife being subject to the ten year bar because she entered without inspection and remained for more than a year. Under the circumstances, getting a waiver will not be that difficult, but it is a long, involved process. Get the I-130 on file now. Have your wife discuss the waiver with someone who does a lot of waivers, such as Catholic Charities.

[tristesamortal]

your answer was a lot of help for us.
one more thing, at what point do we file the waiver?

[Ron Gotcher]

You would file for the waiver at the end of the process.