Ok, as some of you know i was married recently and there's a slight problem. My wifes passport expires in two weeks, I've been kind of slow getting her papers done because I heard that as long as she'
s married to me it doesn't matter how long I take to do the immigration papers. Recently, like two days ago, I heard that the papers have to be in by the time her passport cancels. Which is correct? What is worst case scenario? COuld they really deport her even though we're married? Anyone anyone?

I wouldn't take a chance. If I were you, I would go to the nearest Immigration Office (plan on being there all day), and try to get someone to tell you what you need to do. You may want to consider an immigraiton attorney. When it comes to bureaucracy, nothing is ever simple.

The immigration office may have a number you can call, but I would expect to hit redial a few hundred times before ever getting a real person.

if you have any doubts, get on it right away, because trying to back track that stuff is always a huge pain in the *ss.

Also, document everything, and GET THE NAME OF THE PERSON YOU TALK TO.

As time is of the essence here, I would second Nichole's advice about seeing an immigration lawyer ASAP. It may turn out that you can handle the paperwork yourself, but your lawyer will know proceedure and contacts at the INS which could save you precious time. The INS has a legendary reputation for slowness and unfriendliness.I know this: you (and your wife) DO NOT want to be in a position of having expired papers. The INS looks very unfavorablly upon that and your wife's rights would be greatly restricted. So, speaking as a lawyer, I say see a lawyer RIGHT NOW. Good Luck and let us know what happens.

Mencey,
Don't panic. Your wife can apply for a Spanish passport in a spanish consulate. Go ASAP. If you cannot do so the advices of the others were really good.

Here's what the Immigration and Naturalization Service has to say. This is cut and pasted from the INS Web site, www.ins.gov:

"Your spouse must go through a three-step process to become authorized to live and work in the United States. First, the Immigration and Naturalization Service must approve an immigrant petition (application), Form I-130 Petition for Alien Relative, that you file for your spouse. Second, the State Department must give your spouse an immigrant visa number, even if your spouse is already in the United States. Third, if your spouse is already in the United States, your spouse may apply to adjust to permanent resident status. If your spouse is outside the United States, your spouse will be notified to go to the local U.S. consulate to complete the processing for an immigrant visa.

"If you are a U.S. citizen, your spouse is considered an "immediate relative" and will need to apply for an immigrant visa. In order to receive an immigrant visa your relationship with your spouse must be established and your spouse must be admissible to the United States under the immigration law. You must file a Form I-130 Petition for Alien Relative on your spouse's behalf. Your spouse may file a Form I-485 Application for Adjustment of Status to Permanent Resident at the same time.

"If you have been married less than two years when your spouse is approved for permanent residence, your spouse will receive conditional permanent resident status. You and your spouse must apply together to remove the conditions on residence."

The Web site is surprisingly good, informational, and well-organized. What's more, there's a hotline you can call for assistance from 8 AM to 6 PM (hours apply to whatever your local time is) Monday through Friday: 1-800-375-5283.

Good luck!

[This message has been edited by aphra (edited 01-27-2001).]

David K,
I didn't have any problem at all (thanks to my lovely and beautiful sister in law, Tracy Moral).
Another friend of mine (from Barcelona) got hers a month ago.
The secret? Do all your paperwork in Spain. It takes 10 days (if you have all your documents), they don't give you a hard time and in the embassy they are very friendly and nice. I think that if you get a visa because of marriage and you have been married for more than 2 years they give you a permanent visa right away (not sure) if not you have to live here 2 years and be married to the same person and you get your visa.
I helped my friend from Barcelona to get hers, let me know if you want me to help you.

Best regards,
Nuria

She just won't be able to leave the country until she has a valid passport.

And thank YOU Nuria!!! How nice!!!

Btw, I am unsure of your post who is the Spaniard and who is the American/ If Nicole is the Spaniard and she's already in USA with you, then there's no problem. Tell her to go to her Spanish consulate FIRST. Before getting tangled up in the US system. They can probably re-issue her a valid passport and then you can continue your paperwork with the INS.
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Good Luck!
tracy