i-130 help

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cook2070

New Member
I came to the us on a 5 year student visa in 2004. my father a green holder file I 130 for me a few months after. in 2005 I got pregnant and my boyfriend(greencard holder) and I got married just a few months before my interview. They revoke my application.
My father became a citizen in Dec. 2005 and reaply for me in june 2006, my case is pending. Friends are telling me that it would have been better for my husband to apply for me becase the case with my father will take much longer. my question is, should i apply with my husband or wait for my father application to get approve? and how much longer you think I will have to wait. my student visa expired in sept. 2009 and I dont want to go out of status.

note: I did not want my husband to apply for me in the begining because our marriage was not doing well and I am still not sure of our future, but we have 2 children together and trying to make it work.
 
whether your husband files I-130 for you now or he waits to file I-130+I-485 when he becomes a citizen - is up to you. When will he become a citizen? is it any time soon?

You can have both applications running at the same time, however, the one through your spouse will be faster.
 
I spoke to my husband about filing i-130 for me, he said no. I guest because we are unhappy and unsure about our marriage. my question is how long do you think I will have to wait for my father's application to get approve. it's already been a year since he reaply.
also I heard that If I get divorce I can ask to reopen my old file, since they revoke it base on marriage the day of my interview.

I have two children, if things don't workout with my husband, I will need a full time job to suport them. what are my options.
 
I don't mean to get in your life because that is not what this forum is for, but if you have two children with someone that doesn't support you is time to divorce and make him pay child support.

Other members on this forum may be able to answer the following, isn't there a law that permits the mom to adjust her status if they have a child inside the US?

I remember an attorney telling me that if a mom can prove she has nowhere to go with the child, then they adjust her status so that a american citizen (the baby) doesn't have a rough time in another country.
 
gnr5 said:
Isn't there a law that permits the mom to adjust her status if they have a child inside the US?

I remember an attorney telling me that if a mom can prove she has nowhere to go with the child, then they adjust her status so that a american citizen (the baby) doesn't have a rough time in another country.
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I do NOT think so... That would mean that all of the Illegal immigrants with babies born here (quite a bunch of them) would all the sudden become legal :eek: !
 
gnr5 said:
I remember an attorney telling me that if a mom can prove she has nowhere to go with the child, then they adjust her status so that a american citizen (the baby) doesn't have a rough time in another country.
Click to expand...
there is no law like that. The anchor babies can't help their parents until the kid turns 21.

To the original poster: I hope you are keeping your legal non-immigrant status alive all this time, because if you don't, you won't be able to adjust your status when your PD becomes current (about 7 more years). If you divorce, it's going to be about 5 more years. But you must be in legal status to adjust (unless you are married to a USC and are adjusting on the basis of marriage).
 
somebody on this forum has mentioned the portability of the priority date from the older petition. You may want to look into it, and then, perhaps, use the old priority date from your father's petition for his new petition.
 
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