QUOTE(kalexdricah @ Jun 9 2008, 04:22 PM)

QUOTE(fwaguy @ Jun 9 2008, 04:56 PM)

IF you are present in the US and can provide evidence of a legal entry then it is forms I-130, I-485 & I-765......
Is that all? Plus I just read this:
BE WARNED:
You must qualify to file for an I-130 in the US. Not everyone does, and in some cases doing so can be considered fraud and result in being deported and banned from re-entry into the US for a period of time. If you attempt to file and you do not qualify your legal status in the US can be placed in jeopardy. J1 Visa holders will almost always require a waiver and should consult with an immigration lawyer or the USCIS for more information. If you have any doubt, consult an immigration attorney.
If your fiance/fiancee came to the US on a tourist visa with the intent of immigration and marriage, and you are not yet married, then he/she should return to his/her home abroad, and the K-1 visa should be filed (using an I-129f) instead of the I-130 to avoid a denial, deportation, or even being banned from re-entry to the US.
If you are already married, and your spouse came to the US on a tourist visa with the intent of immigration and marriage, then he/she should return to his/her home abroad, and the I-130 (or along with an I-129f for a K-3 Visa) should be filed with the relative outside of the U.S. to avoid denial, deportation, or even being banned from re-entry to the US.
The above conditions are serious and can result in the separation of families for many years if not taken seriously.
How do I know if I qualify to file for the I-130?
You do not qualify to file an I-130... Your USC husband however is...
I-130 is a petition for Immediate relative of a US citizen... Are you an immediate relative of a US citizen? If so, you qualify and your husband can petition for you..... Just becuase you are eligible to be petitioned for does not guarantee anything, as you are currently and will continue to be subject to deportation until status has been changed....
The best advice I can provide is to seek competant legal advice....