QUESTION

What forms do I file for my non-citizen husband?

Asked on May 30th, 2012 on Immigration - Colorado
More details to this question:
I recently married my college boyfriend (who is Jamaican). He came legally through a student visa. I want to know now what forms I need to file so we can start the process of making him a permanent resident.
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11 ANSWERS

Immigration and Naturalization Attorney serving San Diego, CA
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I-130, I-485, G-325A for each of you, I-864, perhaps I-864 for co-sponsor, perhaps I-864A for household member of co-sponsor, I-765, I-131 (only if eligible). May be other forms if any issues in inadmissibility. I recommend you use an immigration attorney to handle the process as there is lot more involved than just completing some immigration forms.
Answered on Jun 12th, 2012 at 9:13 PM

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Immigration Law Attorney serving Long Beach, CA at Law Offices of Brian D. Lerner
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*Request for Marriage and Adjustment of Status Application* A marriage proposal and application for adjustment of status must be prepared and presented. Our firm can prepare and send this petition to the USCIS office that initially resolved such requests .. The work permit application is also presented and it usually takes several months to get cast. The last interview for the Green Card will be around one year after the filing of the petition. There are a myriad of different ways, exhibitions and information that needs to be completed. Any of these items, if done poorly, it could request denied or delayed indefinitely.
Answered on Jun 11th, 2012 at 4:04 PM

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U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
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You can file for his Adjustment of Status (I-485). There are many other applications that go with an Adjustment and you should consult an attorney to confirm his qualifications.
Answered on Jun 07th, 2012 at 8:59 PM

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Business Law Attorney serving Atlanta, GA at Elkhalil Law, P.C.
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I-130, I-485. You need to be very careful when filing immigration form on your own. A little unintended mistake may cost you lots of money, time and headache.
Answered on Jun 07th, 2012 at 8:58 PM

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Thomas J. Rosser
Concurrent spousal petitions (with required supporting documentation and fees) are rather complex and time-consuming for successfully achieving both conditional (for couples married less than two years) and unrestricted permanent resident status for an alien spouse even when that spouse has initially entered legally (which, of course, is a critical consideration). Our recommendation would be that you consider engaging competent and experienced immigration counsel to guide you through the entire process (which will take, on average, about 18 months under current circumstances). Most couples find that the fixed legal fees for such preparation and guidance are quite reasonable when compared to the frustrations of doing it without professional assistance and guidance. However, if you wish to pursue adjustment of status for your spouse on your own, there are detailed instructions and guidance available to you in relation to the various steps and processes through the www.USCIS.gov website provided by our government on the internet.
Answered on Jun 07th, 2012 at 8:14 PM

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Immigration Law Attorney serving Atlanta, GA
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Generally, a U.S. Citizen may petition for a spouse to adjust status to become a Lawful Permanent Resident (to get a "Green Card") if the spouse entered the U.S. lawfully and with inspection, even if he may have overstayed his visa or worked without authorization. The immigration forms that must be filed include a Petition for Relative Alien, an Application for Adjustment of Status, biographical information forms, the petitioner's Affidavit of Support (if the petitioner's income is insufficient, then an Affidavit of Support from a joint sponsor will be needed too), medical examination results, birth certificates, marriage certificate and evidence of the bona fide nature of the marriage. In some instances, other documents will be needed too (such as an applicant's naturalization certificate, if applicable; divorce decrees for either or both parties, if applicable; certified arrest disposition documents, if applicable; tax returns and sometimes other evidence relating to the petitioner's income; etc.). Proper completion of a marriage-based immigration application can be more complex than meets the eye. Errors or omissions, including failure to properly supply all applicable documents, can lead to very significant delays or even denials (and where the foreign national already is out of status, that presents additional risks). It would be wise to work with an immigration attorney who can review all circumstances relating to you and your husband in detail, and help prepare the most persuasive application package. Some immigration law firms, including mine, offer legal services on a "flat fee" basis so that a client will know the total expense from the very beginning, and a few immigration law firms, including mine, offer an initial consultation free of charge.
Answered on Jun 07th, 2012 at 5:18 PM

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Litigation Attorney serving Pearl River, NY at Law Office of Bijal Jani
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Presuming you are a US Citizen or permanent resident, you would file the Petition for Immediate Relative, USCIS form I-130. He would also have to file an I-485 Application to Adjust Status, and may file for work authorization at the same time.
Answered on Jun 07th, 2012 at 3:49 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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I am assuming that he is still in status on his student visa. You would first need to file a form I-130 and then a form I-485. I would strongly suggest that you consult with an experienced immigration attorney to guide you through the process and to make sure that all of the necessary documentation is supplied to the U.S.C.I.S. in a timely manner so as not to delay or prejudice your petition.
Answered on Jun 07th, 2012 at 3:31 PM

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If you are going to work with an immigration attorney, he/she can assist you with all the form preparation and preparation for the USCIS interview you and your husband will need to undergo for him green card. If you intend to do the process on your own, you can find the relevant information on the USCIS website at www.uscis.gov.
Answered on Jun 07th, 2012 at 1:39 AM

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Immigration Law Attorney serving San Francisco, CA at Richard S. Kolomejec
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You should consult with an experienced immigration attorney to file this type of case (especially if your husband is now illegally here). The forms are as follows I-485, I-130, G-325, G-28, I-765, I-131, I-864, WR-702. It is currently taking only 3 months from start to finish if it is done correctly. Otherwise, it could take between 6 to 12 months.
Answered on Jun 07th, 2012 at 1:13 AM

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If you are a US citizen, you can file an I-130 petition and your husband can file an I-485 application at the same time. There are several other forms required, so you should retain an immigration attorney.
Answered on Jun 07th, 2012 at 12:58 AM

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