Do we need another I-130?

[cleancty 0]

Hello,

I am applying for adjustment of status for my husband for the second time. The first time I was only a permanent resident but the person we hired to file our petition applied as if I were a U.S. citizen. As a result my husband's adjustment of status was rejected and he left the country immediately. This was in 2006. I am now a U.S. citizen and we are planning on filing another adjustment of status to get his Green Card. My question: Do I have to file another I-130 if I have already filed one in 2006?

Any advice would be greatly appreciated.

[Inky 1,110]

If he is not currently in the USA you cannot file adjustment of status.

You must file an I-130 and petition for a spousal visa for him to enter the country. On entry to the USA with the spousal visa he becomes a LPR.

[cleancty 0]

If he is not currently in the USA you cannot file adjustment of status.

You must file an I-130 and petition for a spousal visa for him to enter the country. On entry to the USA with the spousal visa he becomes a LPR.

Sorry, I didn't make myself clear. He is already here and we were planning on filing the adjustment of status, the I-130, and the I-765 concurrently. That is exactly what we did last time and everything went really smoothly and he got a SS # and employment authorization within 6 months. When we went for our first interview they told us the application had to be denied because I wasn't a U.S. Citizen which is why he decided to leave the country. Now we are back in the U.S. and I was about to file the same applications and thought that there might be a chance I don't need to file the I-130 again as I have already filed one back in 2006.

Edited May 27, 2012 by cleancty

[Deputy Purple 1,294]

I'm overly cautious when it comes to immigration things but....

I'd be a little concerned about filing to AOS him in country as the previous attempt to AOS him might make it difficult. Think carefully about his last entry and any questions he was asked.

I say this because if USCIS can prove he concealed Immigrant Intent when he entered then he'll be in a lot of trouble. Given the previous (premature) attempt to AOS him I'd say he was probably already on their radar.

[Anh map 2,098]

Yes, you must file a new set of forms and pay the fees.

Bob brings up an interesting point. Might be worth getting an opinion from a qualified immigration attorney (not the person that took your money the first time) before proceeding.

[cleancty 0]

Thanks guys. We had such a bad experience with the previous guy we hired that it scared my husband from seeking legal advice!

[JimVaPhuong 4,863]

Thanks guys. We had such a bad experience with the previous guy we hired that it scared my husband from seeking legal advice!

Step 1: Become as educated as you can about what needs to be done, and what the potential pitfalls are. VJ is an excellent place to start, but don't stop here. Read lawyer blogs. Read immigration forums. And, most of all, read and understand the relevant laws.

Step 2: Thoroughly vet any potential attorney before you write a retainer check. The attorney will be working for you, so you must approach hiring an attorney just as you would hiring an employee. You wouldn't hire an employee without knowing a damn thing about what their job is, and just trust that they're going to do it right. You'd ask them detailed and pointed questions to make sure they know what they're doing. This is where you failed last time.

Your best chance of success comes when you combine a qualified and competent attorney with an educated and motivated client.

Before I go telling you that the previous AOS attempt is going to be problem, give us some details about your case. What country is your husband from? What class of admission did he use when he previously entered the US and you attempted to adjust his status? Did he accumulate any unlawful presence during that visit? If so, was it more than 180 days, and did he incur a ban when he left?

What class of admission did he use on his most recent entry to the US? How did the entry and admission process go? Was he questioned about his previous AOS attempt at the time he entered the US? Was he subjected to secondary inspection? Has he accumulated any unlawful presence time on this visit? If so, how much time?

[Inky 1,110]

Sorry, I didn't make myself clear. He is already here and we were planning on filing the adjustment of status, the I-130, and the I-765 concurrently. That is exactly what we did last time and everything went really smoothly and he got a SS # and employment authorization within 6 months. When we went for our first interview they told us the application had to be denied because I wasn't a U.S. Citizen which is why he decided to leave the country. Now we are back in the U.S. and I was about to file the same applications and thought that there might be a chance I don't need to file the I-130 again as I have already filed one back in 2006.

You need to file much more than just those two forms. Please read the guides. You must include everything and not leave out anything.

http://www.visajourney.com/content/i130guide2