Beginning process for my husband

[alicia_g 0]

First of all I would like to thank everyone on this site for giving great advice!! It's gives me great joy to see how strangers can come together to help each other and stay positive.

My husband and I got married on Dec. 19 2011. (yay!! so happy) We both have had hmmm.. bad relationships in the past. So getting married has given us such happiness. But now that we are married we want to do things right. We went in to our local USCIS office and was notified they don't accept any forms, money orders,or anything of the matter. They did give us a packet with all forms and instructions to be mailed out to the Chicago Lockbox. I just have so many questions and USCIS customer service gives me a run around and different answers every time I call to get help filling out the forms. I have the I-130, I-131, I-485, I-765, (2) G-325, I-864.

So, I think I'm set on the I-130, and G-325 for now. QUESTION 1 IS: For part 2, what should he check if the packet was given to us saying we could file all at the same time.

QUESTION 2: On instructions on I-485 it states if filing I-765 and I-131 with the I-485 there is no fee. So just to be sure send all this packet together... I do not have to send the fees for those right??

Question 3: He entered not knowing illegally at the age of 6 to the US.. we only know the year, so what should be said on part 1 on date of last arrival?I've been reading through alot of topics and I feel so dumb!!!I'm sorry.. I just want to get everything right... I appreciate any help at all.. If any one could help going throgh the same. I don'teven know what category I classify under and all of that.

[aleful 1,905]

First of all I would like to thank everyone on this site for giving great advice!! It's gives me great joy to see how strangers can come together to help each other and stay positive.

My husband and I got married on Dec. 19 2011. (yay!! so happy) We both have had hmmm.. bad relationships in the past. So getting married has given us such happiness. But now that we are married we want to do things right. We went in to our local USCIS office and was notified they don't accept any forms, money orders,or anything of the matter. They did give us a packet with all forms and instructions to be mailed out to the Chicago Lockbox. I just have so many questions and USCIS customer service gives me a run around and different answers every time I call to get help filling out the forms. I have the I-130, I-131, I-485, I-765, (2) G-325, I-864.

So, I think I'm set on the I-130, and G-325 for now. QUESTION 1 IS: For part 2, what should he check if the packet was given to us saying we could file all at the same time.

QUESTION 2: On instructions on I-485 it states if filing I-765 and I-131 with the I-485 there is no fee. So just to be sure send all this packet together... I do not have to send the fees for those right??

Question 3: He entered not knowing illegally at the age of 6 to the US.. we only know the year, so what should be said on part 1 on date of last arrival?I've been reading through alot of topics and I feel so dumb!!!I'm sorry.. I just want to get everything right... I appreciate any help at all.. If any one could help going throgh the same. I don'teven know what category I classify under and all of that.

He cannot adjust status in the US. so the packet that they gave you isn't the correct one, probably they thought that he had entered the country legally with a visa.

since he didn't, he will need to go through consular processing and file a waiver and you present the hardship letter.

for now, you can only send the i130 and G325A. you have to put EWI, it means entry without inspection. the date is when he last entered the US. was that the only time he entered ilegally to the country?

[alicia_g 0]

He cannot adjust status in the US. so the packet that they gave you isn't the correct one, probably they thought that he had entered the country legally with a visa.

since he didn't, he will need to go through consular processing and file a waiver and you present the hardship letter.

for now, you can only send the i130 and G325A. you have to put EWI, it means entry without inspection. the date is when he last entered the US. was that the only time he entered ilegally to the country?

aleful,

thank you. I had mentioned and the rep from USCIS stated bck to me that my husband was here illegally. I don't know why he would give me that packet. And yes my husband has been here since 1992 when he was just a child.

[Harpa Timsah 13,258]

When you said illegally, the office person must have thought that you meant he had overstayed. You mean he entered without inspection (EWI) which makes it impossible for him to adjust status in the US. The above is correct - you will have to go through the consular process. Good luck.

[Boiler 45,657]

You might want to wait a year for the new process that will allow you to file the I 130 and the I 601 at the same time.

Currently he would have to go home, be denied a visa for illegal presence, file a waiver and wait for it be approved.

[aaron2020 11,651]

aleful,

thank you. I had mentioned and the rep from USCIS stated bck to me that my husband was here illegally. I don't know why he would give me that packet. And yes my husband has been here since 1992 when he was just a child.

It doesn't matter that your entered illegally as a child. The law does not hold him responsible for that. The law does hold him responsible for remaining in the US illegally after he became an adult (turned 18 years old). It is his choice to stay illegally in the US after turning 18 that is problematic.

Here are your choices;

1. File an I-130 for him. It will be approved. He applies for a visa and must leave the US to interview for it. Upon leaving the US, he is subject to a 10 years ban for being in the US for more than 1 year after he became an adult knowing that he entered without inspection (EWI). You will have to file a hardship waiver showing why his inadmissibility would create a hardship for his US citizen spouse. If he is granted the hardship waiver, he can get a visa and a green card. If he is not granted the hardship waiver, he will have to remain outside the US for 10 years.

Do not file the I-485. He cannot adjust since he entered without inspection (EWI). It will be rejected and a complete waste of money.

2. Remain in the US illegally. Currently, there is no way for your husband to adjust his status while remaining in the US. However, the Obama administration is currently changing the policy to allow a foreign spouse who enters illegally without inspection to file for a hardship waiver without leaving the US. This means no ban. This raises the question of what happens if the waiver is denied - we don't know if the person would be deported. The details are not available.

While I do not encourage anyone to break the law by remaining in the US illegally, I wouldn't file anything for your husband until the Obama administration puts these changes in place. In addition, it's an election year. If the Republicans win in Nov. 2012, you can be assured that they will try to roll back any changes made by Obama.

[alicia_g 0]

Thank you all for your responses.. Now I just feel down .... now what to do

[Used to be broken 147]

Thank you all for your responses.. Now I just feel down .... now what to do

Start reading everything you can get your hands on regarding the I601 Hardship waiver and become an expert in it. After you have spent a couple months of researching and talking to people about the process start gathering your evidence of bonafides of the marriage and evidence of hardship that you will use for the waiver. If you intend to file the waiver after the changes in process keep your eyes on the development plans there. In the mean time SAVE MONEY and make a plan it will cost a ton of money for the attorney, the travel to Mexico and all the expenses of living there while waiting for the consular appointment.

It may seem daunting but it is not impossible. keep your spouse from driving or doing anything that could get him placed into proceedings in the

interim as well so it doesn't get more complicated, expensive or difficult.

Good luck

[gildayjason 2]

You might find the information on Laurel Scott's website helpful; she's a lawyer who specializes in I-601 waivers: http://www.scottimmigration.net/content/i601memo