Green card-I-130 approved

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ljrose1074

Registered Users (C)
Hello everyone, I'm new here and this site is very helpful and I have a lot of questions so here they are

1. Is I-130 has a expiration? I have been approved last 2004 but because of financial problem, my application is set aside.

2. Am I going to have a problem if I am going to start my I-485 application now?

3. I have a son who like to come and live with me and he is 12 now.Can my husband who is a US citizen petition him? I stepson/stepchild considered as a immediate relative?

Please, any info is greatly appreciated.Thank you.
 
1) I-130 does not equal GC
2) there is no expiration date, as long as you are still married.
3) your husband needs to petition your son. Yes, he is an immediate relative.
 
Hello LucyMo,
I think I am not clear about explaining about my I-130, I know that it is not equal to GC, I am worried that it's been a while when I-130 was approved and we didn't do anything after it was approved.I'm still married with thesame man for 4years now and we have a son who is 3, so that means still valid.Does I-864 needs to be notarized?My husband is unemployed but he's looking one right now and he is my sponsor, do you think my application will be denied? But we do own a home that we can use as an asset, will that be enough? thank you again.
 
Answers & comments in bold.

ljrose1074 said:
Hello LucyMo,
I think I am not clear about explaining about my I-130, I know that it is not equal to GC, an approved I-130 does not grant ANY legal status I am worried that it's been a while when I-130 was approved and we didn't do anything after it was approved. I'm still married with the same man for 4years now and we have a son who is 3, so that means still valid.

Does I-864 needs to be notarized? No, it doesn't.My husband is unemployed but he's looking one right now and he is my sponsor, do you think my application will be denied? You need to meet the poverty guidelines or find a co-sponsor, otherwise, the application can not be approved. But we do own a home that we can use as an asset, will that be enough? Having a house does not pay the bills (specially the mortage for that house which you "own" ;)). thank you again.
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Hi PraetorianXI, Thank you, SO...if I can find a co-sponsor I can go on with I-485 even if my husband is unemployed right now? This info is very helpful, it gave me hope, I need to finish this application or at least start it, I need to go home to see my ill father.Again thank you.
 
one more question, on I-485 application what will i write on the question "Current USCIS Status", remember I overstayed should I write "adjustee applicant", "Adjusting status"? need help.
 
That is a catch 22, technically at the moment you are filing the I-485 (and has not been received) you are not an applicant yet... but then, putting in "overstay" may not be a good idea.
 
My husband is also in an overstay situation (15 years). Our attorney did put "overstay" in the blank for "current USCIS status".
 
Putting "overstay" doesn't look good, is there any better word to use...lol, anyways I overstayed so I guessed telling the truth is better.

I had the medical exam last year but didn't use it, Am i going to do it all over again?

Is it better to send I-485 and I-765 together or wait till receipt is received?
 
ljrose1074 said:
Putting "overstay" doesn't look good, is there any better word to use...lol, anyways I overstayed so I guessed telling the truth is better.
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Yep, that was the #1 piece of advice that our attorney gave us: do not lie about anything. Anyway, when the IO looks at his passport they will see that the last time he was inspected was in 10/1991 and he was supposed to leave 1/1992 but the I-94 is still attached and he's still here!
 
You mentioned that your applying I485 for your husband who overstayed, did you file I-485a? I have read that if you overstay, you'll need to file I-485a. Did your lawyer mention aything about this?
 
No, he said that we do not need to file this form. If you are the spouse of a U.S. citizen and were inspected and lawfully admitted to the US, then you do not have to file I-485A.
 
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