My husband and I need to RE-file the I-130 but we are not sure how to fill out the form - he did get a social and he does have an A number but he is out of status, under removal proceedings. we married in feb 2003, filed i-130 and 485 in april 2004, annulled in oct. 2004 and remarried in march 2006. And so now we need to go through the whole process again. And I’m not sure how to fill out the I-130 this time around…
I am us citizen by birth, husband is french. currently in removal proceedings (we think). uscis did not take into account my husbands change of address in oct. 2004 so we no longer receive correspondence from uscis and when try and use online inquiry using his A number i get "kicked out of system' and no info is given over the phone as to status of case. A lawyer said not to make appointment because husband could be deported on-site/ on sight.
As he is in removal/ deportation i have been told by same lawyer that not possible to "reopen" existing case, must start whole process over and file a new i-130 etc. BUT lawyer refused to take the case.
When i read the instructions it tells me that i cannot file for someone in deportation/ removal proceedings unless has been out of country for 2+ years (not the case).
Also form i-130 requires that i indicate A# and status, but as indicated i don't know exact status.
Any suggestions?advice on how to complete and file new i-130, should we? THANK YOU. Thank you
I am us citizen by birth, husband is french. currently in removal proceedings (we think). uscis did not take into account my husbands change of address in oct. 2004 so we no longer receive correspondence from uscis and when try and use online inquiry using his A number i get "kicked out of system' and no info is given over the phone as to status of case. A lawyer said not to make appointment because husband could be deported on-site/ on sight.
As he is in removal/ deportation i have been told by same lawyer that not possible to "reopen" existing case, must start whole process over and file a new i-130 etc. BUT lawyer refused to take the case.
When i read the instructions it tells me that i cannot file for someone in deportation/ removal proceedings unless has been out of country for 2+ years (not the case).
Also form i-130 requires that i indicate A# and status, but as indicated i don't know exact status.
Any suggestions?advice on how to complete and file new i-130, should we? THANK YOU. Thank you