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  • Immigration Law Question: Re advise needed

    Okay Hi all , My friend sent in the i-130 to petition for her husband who yes is in the USA and has entered legally .Spoke to a lawyer and he said that while the application is pending her husband could still be illegal for up to 3 years .Now the wife had a green card when they applied a few months back and now she is a US citizen should they file the form I-485 to make it a quicker process we know they check if they are a marriage entered inot for Love etc and yes they are . Also while waiting for the 1-130 is there any kind of a temporay stamp her husbnad can get ie to work whil its pending which could take 3 years.Again the i-130 has being sent and they received a receipt and cashed the check..
    Thanks all.
    Regards and thanks,
    Mary Josephine :-)

  • #2
    Okay Hi all , My friend sent in the i-130 to petition for her husband who yes is in the USA and has entered legally .Spoke to a lawyer and he said that while the application is pending her husband could still be illegal for up to 3 years .Now the wife had a green card when they applied a few months back and now she is a US citizen should they file the form I-485 to make it a quicker process we know they check if they are a marriage entered inot for Love etc and yes they are . Also while waiting for the 1-130 is there any kind of a temporay stamp her husbnad can get ie to work whil its pending which could take 3 years.Again the i-130 has being sent and they received a receipt and cashed the check..
    Thanks all.
    Regards and thanks,
    Mary Josephine :-)

    Comment


    • #3
      <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mary Ireland:
      Okay Hi all , My friend sent in the i-130 to petition for her husband who yes is in the USA and has entered legally .Spoke to a lawyer and he said that while the application is pending her husband could still be illegal for up to 3 years .Now the wife had a green card when they applied a few months back and now she is a US citizen should they file the form I-485 to make it a quicker process we know they check if they are a marriage entered inot for Love etc and yes they are . Also while waiting for the 1-130 is there any kind of a temporay stamp her husbnad can get ie to work whil its pending which could take 3 years.Again the i-130 has being sent and they received a receipt and cashed the check..
      Thanks all. </div></BLOCKQUOTE>
      Hi Mary,
      I have a couple of questions:
      1. Did husband and your friend marry while your friend was a green card holder?

      2. Which visa was the husband under when he entered the U.S.?

      Also, please palce "immigration law question" on your OP title please.
      "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

      Comment


      • #4
        Mary, generally speaking, the wife and husband must wait for the I-130 to be approved first before the I-485 is applied. However, I think you can send the I-485 and the I-765 along with the I-130 at the same time as well.

        But given the circumstances of your friend, I would like the answers to the two questions before I give my response.
        "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

        Comment


        • #5
          what 2 questions?
          Regards and thanks,
          Mary Josephine :-)

          Comment


          • #6
            2 questions:
            1. When did your husband and your friend marry?
            2. Which visa did the husband enter in the U.S. prior to marriage to your friend?
            "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

            Comment


            • #7
              He came on a tourist visa legally
              they married last August 2011 and she filed the i-130 a month ago but was speaking to a lawyer who said that with the i-130 he will be illegal still for approx 3 years but then she the wife became a US citizen yesterday.Hes my friends husband not mine :-) She had a green card when she filed the i-130 on his behalf so help appreciatted.
              Regards and thanks,
              Mary Josephine :-)

              Comment


              • #8
                She should notify the USCIS service center of her change in status. They'll process the I-130 faster and they can move on with the adjustment of status. It won't take as long as the lawyer said.

                If she was a citizen when she filed the I-130, they could have filed the adjustment packet simultaneously. Now they must wait until they get approval.
                **************************************
                The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                Comment


                • #9
                  Hi she was a LPR when they filed the i-130 now shes a citizen the wife that is .. So again she was told it will take years for her husband to get any kind of legal status ?
                  Regards and thanks,
                  Mary Josephine :-)

                  Comment


                  • #10
                    Mary,
                    The I-130 will not be the problem. But I think the problem may be the I-485, adjustment to status. If the husband has an expired visa, USCIS may deny the adjustment of status. It will depend on the facts and circumstances of their case and when his visa expired, whether there was any stamp on his passport, why he could not return to his home country, etc.
                    "Facts are stubborn things; and whatever may be our wishes, our inclinations, or the dictates of our passion, they cannot alter the state of facts and evidence." John Adams on Defense of the boston Massacre

                    Comment


                    • #11
                      Contact USCIS and make an update [LPR based I-130 to USC based].

                      Once approved [not subject to quota, so won't take too long], I-485 can be filed.

                      At adjustment 2 things will matter.

                      1. Inadmissibility issues, if any (except those waived for USC spouses).

                      2. Evidence and basis for AOS (this will include approval of I-130 as well as evidence of
                      eligibility to AOS etc).

                      Good luck.
                      [IMG:left]http://1.bp.blogspot.com/_71xng3bfgYI/TTr2VioHvHI/AAAAAAAAAF8/S3D_j5sPwTo/s1600/62846660_Dali.jpg[/IMG] [i]When Andre Breton discovered for himself my paintings, he was clearly shocked by excremental details polluting it. I was surprised.

                      Comment


                      • #12
                        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by mary Ireland:
                        Hi she was a LPR when they filed the i-130 now shes a citizen the wife that is .. So again she was told it will take years for her husband to get any kind of legal status ? </div></BLOCKQUOTE>

                        It would take years if she was an LPR - in fact, he wouldn't be able to adjust status full stop. But she's not an LPR anymore. She simply needs to upgrade the petition to reflect her new status and a visa number will be available immediately.
                        **************************************
                        The whole of life is but a moment of time. It is our duty, therefore to use it, not to misuse it - Plutarch

                        Comment

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