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  • Filing I-130

    Hi can somebody help,

    I am the wife and I am petitioning my husband we recently got married here in California, he has been in the country for over 20 years but is not legally here will this affect him when I fill out the form I-130. Because I want to adjust his stay here can somebody help.

    Thanks

  • #2
    Hi can somebody help,

    I am the wife and I am petitioning my husband we recently got married here in California, he has been in the country for over 20 years but is not legally here will this affect him when I fill out the form I-130. Because I want to adjust his stay here can somebody help.

    Thanks

    Comment


    • #3
      Hi molly,

      Are you a US citizen?

      If yes...

      You should file 1-130, 1-485 and I-765

      here is the site where you can download the form

      Comment


      • #4
        http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2...CM10000045f3d6a1RCRD

        Each form has an instructions

        Comment


        • #5
          ...and how did he enter the USA? has anybody ever petitioned for him before? If yes, when and what happened to that?

          Comment


          • #6
            Hi,

            Yes I am a US Citizen, and he was brought by his parents when he was younger. I believe his mom petitioned him but has not gone threw, it was 8 years ago.

            So should I tel the government he is here illegally and we got married ? And will the affect the application?

            Thanks a bunch!!

            Comment


            • #7
              Hi Frequent Member, thanks for the help,

              Do I need fill out all these forms at the same time or do I need to them one by one?

              Thanks

              Comment


              • #8
                <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by moli:
                Yes I am a US Citizen, and he was brought by his parents when he was younger. I believe his mom petitioned him but has not gone threw, it was 8 years ago. </div></BLOCKQUOTE>
                "Details" are very important. What do you mean by "brought" - did they cross the border legaly?

                What was his mother's status when she petitioned for him? 8 years ago means March 2000?

                There are 2 scenarios: he can adjust status in the USA and become resident or he would have to go to his home country with the hope he can get an immigrant visa. It depends on the answers to the above questions.

                Comment


                • #9
                  what happened your husband petition by his mother? What kind of petition?

                  How did your husband enter the US? under what visa?

                  Like aneri said give a detailed info
                  so some can give you a specific advice
                  which way your husband will qualify for.

                  Comment


                  • #10
                    Well his parent's brought him illegally his mom is now a resident when she became a resident 8 years ago she petitioned him, but since he got married with me and I am US citizen I want to help him. What is the first step form I-130 or adjust status

                    Thanks!!

                    Comment


                    • #11
                      looks like he can adjust status under 245(i). Since he entered illegaly, he'll have to pay a fine.
                      You submit I-130 (your petition for him) and I-485A (his petition for adjustment of status)with supporting documents together.

                      Read about 245(i) and make sure it applys in your case (some dates are important).

                      Comment


                      • #12
                        Stop looking in Forums and go hire a competent Attorney who has experience in this area of immigration law. In the long run it will save you from making a mistake that could ultimately cost you your sanity.
                        "Being all fashioned of the self-same dust let us be merciful as well as just"
                        Henry Wadsworth Longfellow

                        Comment


                        • #13
                          <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by republicanwriter:
                          Stop looking in Forums and go hire a competent Attorney who has experience in this area of immigration law. In the long run it will save you from making a mistake that could ultimately cost you your sanity. </div></BLOCKQUOTE>
                          I agree... but I also think one has to educate him/herself first. Asking around is one way. Too many times we hear about lawyers' advices and actions that coused big headaces. Knowing about the possibilities and procedures can only help.

                          Comment


                          • #14
                            <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Stop looking in Forums and go hire a competent Attorney who has experience in this area of immigration law. </div></BLOCKQUOTE>

                            And may I add ... not all people can afford a lawyer.

                            Comment

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