Filing for Spouse who previously filed 245(i)

Q

qt314

New Member
Hi.
I would like to know if anyone has any recommendations for me in this matter. I have recently married an illegal immigrant and I am a US citizen. I would like to sponsor him for a green card but would first like to learn about how this will affect him. Three years ago, my husband's brother (a naturalized US Citizen) sponsored him under the 245(i) section which had as a deadline April 30, 2001. He has not yet received approval for that petition. He has simply received a receipt for the petition.
I would like to know if it would help or complicate the situation for me to take over his petition as his spouse and a US citizen. Would it make the process faster? Could he risk being denied? Could he be asked to leave the country?
Sorry for the long message but I am interested in any help/advice any one can offer.

Thanks in advance.
 
yes, you can

yes, it will be quicker if you file. no he will not be deported, if he did not have a criminal record. yes, i-245 will help him. show the noa at interview and at filing
 
Thanks for the reply smali.

An immigration 'consultant/advisor' who I'm not too sure knows exactly what he was talking about explained to me that if his i-245 petition was not first accepted then it would be more difficult for me to take over the case. I always assumed that my petition for my hisband would take precedence. Comments?

Thanks again.
 
you are right

yes it will. You are misinformed by consultant. He can with draw the previous filing after the new 485 is approved
 
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