bronzelady:URGENT: Adjustment of status

[eddy]

My husband is an f1 student whose visa expired last year and who is currently out of status
my question is since am a US citizen what other forms do we need to fill apart from
I-130 G-325 FORMS
I-864
I-485
I-765
My husband was inspected when he entered the country in dallas texas went to school for some time in Missouri. a friend of his said that he might need a WAIVER that to my understanding is
I-601 form
FOR unlawfull presence and working without authorization.
The other question are
1 when filling out the I-130 forms should i use my husband's family name or my fathers name since i took in my husbands name.
2 Should i indicate that he is currently working and if so how will this work against is case.
3 when he is filling out his I-485 form what should he put in as current status F1 STUDENT or OUT OF STATUS

I would appreciate both positive and negative answers to this questions

thank you

[This message was edited by eddy on March 17, 2004 at 10:33 AM.]

[eddy]

My husband is an f1 student whose visa expired last year and who is currently out of status
my question is since am a US citizen what other forms do we need to fill apart from
I-130 G-325 FORMS
I-864
I-485
I-765
My husband was inspected when he entered the country in dallas texas went to school for some time in Missouri. a friend of his said that he might need a WAIVER that to my understanding is
I-601 form
FOR unlawfull presence and working without authorization.
The other question are
1 when filling out the I-130 forms should i use my husband's family name or my fathers name since i took in my husbands name.
2 Should i indicate that he is currently working and if so how will this work against is case.
3 when he is filling out his I-485 form what should he put in as current status F1 STUDENT or OUT OF STATUS

I would appreciate both positive and negative answers to this questions

thank you

[This message was edited by eddy on March 17, 2004 at 10:33 AM.]

[Stu_R]

OK Eddy, you have the forms pretty much right - you'll also need other items later on (medicals, for instance), but you will be informed by CIS when the time comes.

He will NOT need to get a waiver of anything - not only did he not do anything needing a waiver based on what you've told us (not for being here without status or working without authorization), but marriage is the one type of case where it doesn't matter that he's done these things as long as he first entered legally (with inspection).

Use your current name on the forms - the I-130 should list a place for former names used, where you would enter your maiden name.

There is really no place to explicitly indicate this except the G-325As for him and on the financial documentation & I-864 (if using his income). Above all, be honest - no reason to worry about disclosing here because he can Adjust Status anyway (because of marriage to a US Citizen).

Because an F-1 is granted for Duration of Status, rather than a finite period, there has technically been no determination that he has been out of status. I would therefore just enter "F-1".

Of course, as you probably know, he should under no circumstances leave the US before being granted permanent residence.

[kenny]

Write N/A for current status. You can write D/S where they ask when that particular status expires.

Technically that question has no impact on your petition. The key issues are legal entry and no criminal issues.

I agree he should not leave the US (even with parole) under any circumstances. you don't want 3/10 year bar

[Old Man]

The bar won't apply to him unless his status was terminated by USCIS or an Immigration judge.