confused

[jms518]

Hello everyone. I have a couple questions, and I must say that this process is very confusing.

My husband and I got married on August 10th 2007. He has been in the US for the last 2 years, he came in on a tourist visa, but it expired and he didn't reknew it. So for about 5 months he was in the US illegally. Then we got married in August. I am a US citizen.
We decided to go through the Green Card process because we both would like to go back to Palestine in the summer of 2008 so that our families can see us and so that we can formally announce our marriage over there. Would an I-131 be helpfully for us to be able to do this?
I filled out an I-130 form and just mailed it the other day.
I was wondering what other forms I'm going to need? My uncle told me that I would need an I-485 and I-864.
Also my husband wants to be able to work right now. What forms do I have to file in order for him to do so legally?

I was also wondering how long this process took some people so that we can plan our trip accordingly.

Thank you all so very much.

 

[simsim31]

You need to send I-130/I-485/I-765/I-693/G-325A/and Affidavit of support(i think its I-864).
He cannot work laegally till his I-765 is approved and he gets the EAD---Employment Authorisation Card.
It can take as little as 3 months(depending on your District Office and FBI name check)to 3 years(who knows?) if the name check is not cleared!It normally takes 4-5 months if all documents are in order for you to get the GC.Also check other posts in this forum......it is full of word by word details of what forms to fill and where to send them.....u just have to do some research!
Good luck.

 

[TheRealCanadian]

Would an I-131 be helpfully for us to be able to do this?

Under no circumstances should you get one of these, and he cannot leave the US until his I-485 is approved. He is most likely subject to the 10-year re-entry bar if his I-94 expired more than 365 days ago.

 

[Jojojolie]

Hi There,

He will need to fill out the I-485 as well as the I-765 as soon as possible, he will be able to work and adjust his status to that of a permanent resident.
He will also need to fill out the I-693 which is the medical part of the process, there is a list of doctors on the USCIS Web Site that can do it.

Are you working? If so, you will need the I-864 which is the Affidavit of Support. There is a poverty guideline, if you are making more than what is recommended for yor household, then you do not nedd a co-sponsor. If not, it is mandatory to have a co-sponsor.
Depends on where you are located this whole process can take up to 5-6 months.

 

[chocolat]

He should not leave the country until he has his GC because of the overstay. Where did you send the form I-130? I think since you already started the process you should wait for the receipt or RFE before sending the other forms in.

 

[LucyMO]

He will need to fill out the I-485 as well as the I-765 as soon as possible

first, and it's very IMPORTANT - they need to wait for the notice of receipt for I-130 (not approval, just a notice of receipt). You can file I-485 package only with a copy of that receipt. If you don't enclose a copy of I-130 receipt, USCIS will cash your checks and reject the case.

Are you working? If so, you will need the I-864 which is the Affidavit of Support.

it doesn't matter whether she is working or not. She still needs to sign an affidavit of support.

 

[LucyMO]

He should not leave the country until he has his GC because of the overstay. Where did you send the form I-130? I think since you already started the process you should wait for the receipt or RFE before sending the other forms in.

yes - wait for the receipt. There will be no RFE in regards to I-485, since I-130 can be filed alone and USCIS doesn't expect a I-485 with it.