I am Filling for my Spouse I-130

[Dani Kiza 1]

My husband is in US with B2 visa, I am a US citizen and our son is a US citizen we were married abroad can anyone advise if I can file for my husband to adjust his status without him going back to the country of residence..?

Can I file I-130 first and then later I-485 since we don't have all the money required as the moment..?

Your advice will be highly appreciated.

[Roel 7,192]

You have to do both. 

[Dani Kiza 1]

2 minutes ago, Roel said:

You have to do both. 

Roel what if you cant afford both at the same can I file I-130 and in 2 months time file for I-485??

[Roel 7,192]

11 minutes ago, Dani Kiza said:

Roel what if you cant afford both at the same can I file I-130 and in 2 months time file for I-485??

Thats not how it works. You're filling a one full package. Never heard of anyone doing it separately. 

 

If you can't afford it then you wait until you do. 

[Ryan H 3,812]

Moved from IR-1/CR-1 Progress Reports to Adjustment of Status from Work, Student, & Tourist Visas forum.

[azblk 338]

8 hours ago, Dani Kiza said:

My husband is in US with B2 visa, I am a US citizen and our son is a US citizen we were married abroad can anyone advise if I can file for my husband to adjust his status without him going back to the country of residence..?

Can I file I-130 first and then later I-485 since we don't have all the money required as the moment..?

Your advice will be highly appreciated.

i-130 by itself does not confer any immigration benefit. Until you properly file i-485 your husband can be deported if found by ICE. While it is unlikely they will come looking for him why risk it? Also filing i-130 first will not speed up the process so there really is no good reason to do it if he is already here.

Edited March 28, 2018 by azblk

[geowrian 22,337]

You can file one then the other, but there's no significant benefit to doing so, except maybe if your spouse leaves the US (by choice or otherwise)...then you would have a a headstart on consular processing instead of AOS. Or to be used for CoR. Neither circumstance is something likely nor something you want to go through.

 

Filing the I-130 separately won't make AOS go any faster, and it doesn't grant any legal status or authorized status, and won't let him get an EAD (work permit) or AP (to leave and re-enter the US) any sooner.

 

Edit: Also, what do you plan to do for the I-864 (Affidavit of Support)? If the filing fees are an issue, you might want to check that you meet the financial requirements and/or have a joint sponsor lined up.

Edited March 28, 2018 by geowrian

[Dani Kiza 1]

12 hours ago, geowrian said:

You can file one then the other, but there's no significant benefit to doing so, except maybe if your spouse leaves the US (by choice or otherwise)...then you would have a a headstart on consular processing instead of AOS. Or to be used for CoR. Neither circumstance is something likely nor something you want to go through.

 

Filing the I-130 separately won't make AOS go any faster, and it doesn't grant any legal status or authorized status, and won't let him get an EAD (work permit) or AP (to leave and re-enter the US) any sooner.

 

Edit: Also, what do you plan to do for the I-864 (Affidavit of Support)? If the filing fees are an issue, you might want to check that you meet the financial requirements and/or have a joint sponsor lined up.

Thanks a lot real appreciate I real think we need to go back to the drawing board and weigh our options I cant thank you enough

[Dani Kiza 1]

13 hours ago, azblk said:

i-130 by itself does not confer any immigration benefit. Until you properly file i-485 your husband can be deported if found by ICE. While it is unlikely they will come looking for him why risk it? Also filing i-130 first will not speed up the process so there really is no good reason to do it if he is already here.

Thanks a lot for your input we will work on it

[Dani Kiza 1]

Hi Folks, we are about to file for petition but we are not sure about sponsor(I - 184 Affidavit of support), if my wife (US Citizen) is working fulltime can she be the sole sponsor or do we need to find a third party to sponsor me?

 

Thanks

[milimelo 4,499]

9 minutes ago, Dani Kiza said:

Hi Folks, we are about to file for petition but we are not sure about sponsor(I - 184 Affidavit of support), if my wife (US Citizen) is working fulltime can she be the sole sponsor or do we need to find a third party to sponsor me?

 

Thanks

Did you look at I-864p on USCIS.gov based on your wife’s household size? That will give you an answer if she’s making enough for I-864 or she needs to find a joint sponsor. 

[Dani Kiza 1]

12 minutes ago, milimelo said:

Did you look at I-864p on USCIS.gov based on your wife’s household size? That will give you an answer if she’s making enough for I-864 or she needs to find a joint sponsor. 

Thank you Milimelo I just checked it says for 3 household (as in our situation myself, my husband and 13 yrs kid) I make 38k per year. I wonder if there is anything else I need to consider.

[azblk 338]

3 hours ago, Dani Kiza said:

Thank you Milimelo I just checked it says for 3 household (as in our situation myself, my husband and 13 yrs kid) I make 38k per year. I wonder if there is anything else I need to consider.

 

3 hours ago, Dani Kiza said:

Thank you Milimelo I just checked it says for 3 household (as in our situation myself, my husband and 13 yrs kid) I make 38k per year. I wonder if there is anything else I need to consider.

Are you and your spouse alternating when posting your questions? You refer to your husband at some point and then refer to your wife at some point. It gets confusing as the answers are different depending on who is asking. If the sponsor make 38K for a household of 3 then you more than qualify to sponsor. You just need t follow the guides and you should be fine.

[Dani Kiza 1]

On ‎5‎/‎16‎/‎2018 at 3:02 PM, azblk said:

 

Are you and your spouse alternating when posting your questions? You refer to your husband at some point and then refer to your wife at some point. It gets confusing as the answers are different depending on who is asking. If the sponsor make 38K for a household of 3 then you more than qualify to sponsor. You just need t follow the guides and you should be fine.

Yes we both use the same account sorry for that in here.

[Dani Kiza 1]

On ‎5‎/‎16‎/‎2018 at 3:02 PM, azblk said:

 

Are you and your spouse alternating when posting your questions? You refer to your husband at some point and then refer to your wife at some point. It gets confusing as the answers are different depending on who is asking. If the sponsor make 38K for a household of 3 then you more than qualify to sponsor. You just need t follow the guides and you should be fine.

I went to get some advice from an Immigration charity before filling just to make sure that am on the right they told me I need a last years tax return. Last year I didn't work in the US I was abroad and the previous year my income falls below the threshold of 21k for 3 members of the household. Though now since feb 2018 am having a job that I earn 38K which allows me to sponsor my husband but they advised me this wont be enough to sponsor my husband that I need a co sponsor because of not having previous tax return. I have tried to get one but days are just going with no one willing to help. Has anyone been in this kind of situation and how did they manage to solve it.