can anybody help to understand I130 next only resident?

G

gret1011

Registered Users (C)
I married 8 years ago with a resident, he tried to become a citizen firt but it did not work, cos he has a record for driver license offender, (BS) so we went to the lawyer and we did everythin he said in 2007, now I receive the I130 approved but my ajustment of status it was denied, I went to the lawyer and I could't even seen him they push me into some learning people and she told me ignore it. I receive this approval in june of 2009, then did some diging and I think I was supouse to receive something from the NVC, but nothing and my lawyer people always say all I have to do is wait.

Can somebody explain me was would hapen next and if I have to get out off the country?:confused:
 
gret1011 said:
Can somebody explain me was would hapen next and if I have to get out off the country?:confused:
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Can YOU explain your situation a little better? Did your spouse become a US citizen? If yes, when did he become a citizen? What was approved in 2009 ... the I-130? Are you inside or outside the US? What was the reason for the AOS denial? Was it appealed? When was the denial given?
 
no, my husband did not became citizen because he has a felony for drivers license, so they say for moral and they told him try in about 7 years. yes the I 130 was approved in june 2009 and we aplied in 2007. yes I am in the U.S and I came with a visa. In the letter they send me it saids I was approve for the petition I130 but the ajustment of status was denied; I went to the lawyer and they told me not to worry about but I am worry cos I been reading and I am confuised, the explaination the lawyer people give me it did not satisfice me. can u help me?
 
If he is only a permanent resident, you are not eligible to file for adjustment of status or an immigrant visa until they have reached your priority date (2007) in the family 2A category. Currently they are at August 2005 (except Mexico which is 2003). See http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html

5 years is the standard waiting period after committing an offense, not 7 years. But depending on exactly what the felony is, he could be banned from citizenship for life and possibly deported. It sounds really strange ... a "driver's license" felony? Are you sure it was a felony and not a lesser crime? What was he convicted of ... using a forged license?

You need to find a better lawyer who can advise you on your and your husband's situation. If you are illegally present in the US, you will not be eligible for adjustment of status if your husband does not become a citizen, even if you wait for the priority date to become current.
 
when he was 18 he used to get tickets and never paid for it, drive wile license suspended and finally he was arrested for three months for the same reason, he ask for he right back and they give it back with a letter from the governor but I am sure it is just driving license because I check the courts system even do he told me that was it I still check and yes that was it. They first time we applyed for the citizenship we did it on our own but when we did the petition we went to a lawyer. So you recomend that we tryed againg? but I am scared I do not want him to be deported, the charge it is called DWLS/HABITUAL he has two of those and one violation of probation for the same thing: DWLS/HABITUAL . He's in the U.S cense he was 2 years and became recident at 13 years old and been like that cense then and never try to become citizen until 2 years ago we try but we miss a paper from the cour the ask papers from the cour from miami dade and broward F. louderdalethe ones from dade we brought them to the appoitment but the ones from brower not because the court in brower said the those charges were sponge or something like that and they did not have anything for him like it never happened and they deneid him for low morals and missing papers???????
 
What he did was a crime, but it doesn't seem like a felony. I figure he would become eligible for citizenship again upon waiting 5 years after the conviction, if he completes probation and keeps his record clean for the 5 years.

You need to get the court papers or whatever documentation you have, bring them to an immigration lawyer to look over the details, and ask the lawyer whether it is a deportable offense and whether it will prevent him from becoming a citizen permanently or temporarily (i.e. waiting 5 years after the conviction).
He's in the U.S cense he was 2 years and became recident at 13 years old...
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Did any of his parents become a US citizen before he turned 18? If yes, it is possible he could have derived citizenship through his parent(s).
 
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gret1011 said:
when he was 18 he used to get tickets and never paid for it, drive wile license suspended and finally he was arrested for three months for the same reason, he ask for he right back and they give it back with a letter from the governor but I am sure it is just driving license because I check the courts system even do he told me that was it I still check and yes that was it. They first time we applyed for the citizenship we did it on our own but when we did the petition we went to a lawyer. So you recomend that we tryed againg? but I am scared I do not want him to be deported, the charge it is called DWLS/HABITUAL he has two of those and one violation of probation for the same thing: DWLS/HABITUAL . He's in the U.S cense he was 2 years and became recident at 13 years old and been like that cense then and never try to become citizen until 2 years ago we try but we miss a paper from the cour the ask papers from the cour from miami dade and broward F. louderdalethe ones from dade we brought them to the appoitment but the ones from brower not because the court in brower said the those charges were sponge or something like that and they did not have anything for him like it never happened and they deneid him for low morals and missing papers???????
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The problem with the OP's partner is that he's habitual offender which affected his citizenship application at first. He needs to clean-up his act and apply after 5 years, because he's going to be a toast if he apply beforehand.

In the meantime, you will need remain in a legal status for the next 5 years. The lawyer is taking advantage of your ignorance of the immigration law, stay away from that lawyer and don't apply for any immigration benefit cause in your situation, none will be approved as you have no legal basis to gain one.
 
I am not messing with u, I just was not able to answer as soon posible, here I am. What was the quetion? if I was ilegal?
well what wuld u call ilegal ? a person without green card or not having a status? I do not know. I came here by plane with a visa. I left 2 time and came back and then overstay my time. now the we apply I have the letter of receip and the approval of I130 and ofcourse I have an valid Florida Id and license, yea I guess u are right I am ilegal, because my status on waiting or something like that. One more quetion. Am I supose to receive and receip from NVC? sence june that I receive the appoval letter I have not receive anything else.
 
What are you expecting you from NVC?

Looks like you have approved I-130 and your spouse is GC holder. You are out of luck till visa number is available in your category (F2).

Two choice:

You need to leave country and wait for visa number.
OR
Stay illegal till your spouse gets citizenship and then apply for AOS.
 
gret1011 said:
I left 2 time and came back and then overstay my time. now the we apply I have the letter of receip and the approval of I130 and ofcourse I have an valid Florida Id and license, yea I guess u are right I am ilegal, because my status on waiting or something like that.
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How long did you overstay? If it is more than 1 year, you will be banned from the US for 10 years starting the day you leave. And if your husband does not become a US citizen, you cannot stay in the US to obtain a marriage-based green card through him because your illegal status will not be forgiven if he is only a permanent resident. So you'll be stuck in a catch-22 until he becomes a US citizen.

You said your husband became a permanent resident at 13. What about his parents ... did one or both of them become a US citizen before your husband turned 18? If yes, it is possible that your husband could derive citizenship from them without the conviction affecting his citizenship.
 
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Yes, I stay more than one year. My husband receive his green card because his mom married to an American and he did the petition for them years ago his mom still married with him legally. Changing a little back, so u r saying eiter way they are going to deport me? because I have a lawyer and he never say anything about this, as a matter of fact, when I recieve the letter that say that they have approve me for my i130 but they denied my aos and they also said that they had send my approve i130 to the nvc so the can do the rest of the procesing of the visa and after that when the visa is done nvc will forward it to the consulate. So all this time I am thinking I just wait until my priority date and then I will receive an appitment so all this will be done. I went to the lawyer but he wasn't there so somebody that works at the same place that takes his place when he leaves told me not to worry about just sit and wait, but asfter u told me all this I am kind of sooooo worry and it is not working what she had told me. Thanks for helping me.
 
If you leave the US you will be banned for 10 years, whether your husband is a US citizen or not. USCIS won't tell you about the ban at this stage; they'll tell you to visit the consulate as if everything is OK, because they want you to leave the US without the expense of deportation. It has happened to many people -- they approve the I-130, set up the consular appointment, the individual travels to the consulate only to be denied and told about the 10-year ban.

If you don't want to be subjected to the 10-year ban, you have to remain in the US and have your husband become a US citizen. If he wants to become a US citizen without waiting 5 years after that conviction, he has to explore the options for derivative citizenship through his parents. Did his mother become a US citizen before he turned 18? Did his US citizen stepfather legally adopt him before age 16? Those facts affect his eligibility for derivative citizenship.
 
I am guessing the I-485 was denied because the applicant was not eligible to apply for I-485 due to the I-130 not being current.

Jackolantern said:
If he is only a permanent resident, you are not eligible to file for adjustment of status or an immigrant visa until they have reached your priority date (2007) in the family 2A category. Currently they are at August 2005 (except Mexico which is 2003). See http://travel.state.gov/visa/frvi/bulletin/bulletin_4576.html
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I have more updates maybe you can help me understand like you did last time on the same subject.

Okay the NVC send me a letter saying I have to pay some fees I went to my lawyer and he told me that technilly speaking what they are trying to say nicely is to go home and wait for my visa there sence I over stay in the US, he also told me he will sumitt a motion something to stop this process but my question is : what will happen now that my priority date is current, I meant I have to pay him some new fees to sumitt this motion notices but my priority date will b current next moth I checked and I am doing some digging because I don't want to pay extra money, sence I know now we have to reapply for an AOS, so I am confuise a little, can you guys help me before I go to see my lawyer so I don't look like an ignorant we I get to talk with him? thank you in advance for all your help.;):p:cool::):o
 
Even if your priority date is current, you can't get a green card WHILE you are in the US, because you overstayed and your husband is not a US citizen.
You either need to stay in the US without getting caught until your husband becomes a US citizen, or go home and face a ban.
 
gret1011 said:
Okay the NVC send me a letter saying I have to pay some fees I went to my lawyer and he told me that technilly speaking what they are trying to say nicely is to go home and wait for my visa there sence I over stay in the US, he also told me he will sumitt a motion something to stop this process but my question is : what will happen now that my priority date is current, I meant I have to pay him some new fees to sumitt this motion notices but my priority date will b current next moth I checked and I am doing some digging because I don't want to pay extra money, sence I know now we have to reapply for an AOS, so I am confuise a little, can you guys help me before I go to see my lawyer so I don't look like an ignorant we I get to talk with him? thank you in advance for all your help.;):p:cool::):o
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You still have not answered this very important question: Did you husband's mother become a US citizen before your husband turned 18, or did his citizen stepfather adopt him before he turned 16?
 
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