More details to this question:
My husband is a US citizen and I came to the US as a tourist and over stayed for 16 years we have been together for 5 years. how do we go about filling for an I-130 by ourselves since we do not have enough money to hire a lawyer.
7 ANSWERS
LCA Audits and Investigations Attorney serving Houston, TX
at
Fong Ilagan
Update Your Profile
Your USC husband signs and files the I-130, g-325 and the I-864; and you concurrently file the I-485, G-325, I-765 for the EAD, etc. Do not file separately. Be sure to include all the supporting documents proving up the bona fides of the marriage and evidence of your lawful entry (passport, visa and I-94). Since you are a long-term overstay, be sure you get the filing correct. You will be forgiven for the overstay and the unauthorized employment under section 245(a).
Answered on Aug 21st, 2011 at 11:55 AM
Personal Injury Law Attorney serving Pooler, GA
at
Jarrett & Price, LLC
Update Your Profile
It sounds like you should be able to file your I-130 and your I-485 concurrently. Generally speaking, it is worth the money to hire an attorney to ensure that everything is filed correctly.
Answered on Aug 18th, 2011 at 5:06 PM
U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at
Kazmi & Sakata
1 Award
You should be able to still file the I-130 and your Adjustment of Status. However, it will depend on the type of tourist you came as. Some USCIS districts do not permit filings if you overstayed a Visa Waiver (90 day stay). In addition, if you file only the I-130 to process abroad, you will be barred from returning for 10 years. I would recommend you speak with an attorney before filing your case due to the complications.
Answered on Aug 18th, 2011 at 1:40 PM
Immigration and Naturalization Attorney serving San Francisco, CA
at
The Law Office of Christine Troy
Update Your Profile
I would strongly recommend that you contact the local chapter of your state bar to see if they have a pro bono or low fee panel that can work with you. At the very least, you should really get a full consult from a competent immigration attorney, even if this is a stretch for your budget to ensure that you actually are eligible to file for a green card in the US. There are a lot of easy ways to make critical errors on these applications that can risk your ability to remain in the US. So please do that part. In order to file yourself, all forms and instructions are listed at www.uscis.gov
Answered on Aug 18th, 2011 at 11:08 AM
Immigration Law Attorney serving Los Angeles, CA
at
GK Law Firm
Update Your Profile
You should always hire a lawyer and work out a payment plan. You have been out of status for over a decade. Have you worked illegally?
Answered on Aug 18th, 2011 at 6:14 AM
Criminal Law Attorney serving Las Vegas, NV
at
Reza Athari & Associates, PLLC
Update Your Profile
The best is to follow the instructions for the forms. It appears that you may qualify to file for adjustment of status concurrent with I-130. We have a secretarial service that helps people like yourself without representation.
Answered on Aug 18th, 2011 at 5:52 AM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
You want to file I-130/ I-485/ I-765/ I-864 altogether get a medical exam done with an immigration physician. Follow the instructions for each of these forms and file in accordance with the instructions for the I-485 family case. The process is complex though and you may want to at least have an attorney look everything over before filing to save you costly mistakes.
Answered on Aug 17th, 2011 at 4:24 PM