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whats the next step?

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  • whats the next step?

    i'm recently married to an illegal immigrant and was wondering if anyone knows what the next step is to get his green card/visa?

  • #2
    i'm recently married to an illegal immigrant and was wondering if anyone knows what the next step is to get his green card/visa?

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    • #3
      The process depends on whether he entered without inspection (EWI, ie. sneaked across the border) or if he entered on a visa, or visa waiver program (VWP) and simply overstayed.

      If he entered on a visa or VWP you file several forms together. These forms are:
      I-130 petition for alien relative
      I-485 application for adjustment of status
      I-765 Employment authorization document (EAD)
      together with the required documentation and form
      G-325a biographic information

      At some point you will go to an interview to prove that your relationship is legit and if approved get the greencard following the interview

      If your spouse is an EWI, he is ineligible to adjust status (get his greencard) from within the US. In this case you can file the I-130, which will get approved from within the country. Then you file the I-485 which will be denied at the interview. At this point you will have to submit a waiver I-601 in which you have to prove extreme hardship to you as the USC spouse if the "alien" is not granted AOS. while the waiver is being adjucated your spouse has to go back to his home country. If the waiver is approved he can come back to the US as a greencard holder.

      Keep in mind, that if your spouse is EWI you will have a hard and rocky road ahead of you

      check out http://www.uscis.gov for forms and instructions and http://immigrate2us.net for more information in getting your spouse legal. immigrate2us.net also has a great section dedicated only to the I-601

      good luck to you and don't give up :-)

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