I don't know where to start

dalomoore

New Member
My husband was here on a visa and we got married (almost 2 years ago)and his visa has expired. I don't know where to even start to get my husband legal.
 
That is too little information for anyone to be able to help you. Are you a US Citizen or an LPR?
 
It's not complicated.
Are you a US Citizen (USC)?

If so, you have to file for him:
I-130 petition for alien relative (spouse in your case)

Then he has to apply for:
I-485 adjustment of status (AOS)
I-765 employment authorization, if he wishes to work while the case is pending
I-131 travel authorization or advance parole (AP) if he wishes to travel outside the US.
 
First of all welcome! this forum is an excellent resource everyone is so helpful!

My situation is very similiar if not the same as your yours see attached for detailed process and additional info.
You can start at the USCIS web page. You can download all forms here.
http://www.uscis.gov/graphics/formsfee/forms/index.htm

And remember the advise here is only from personal expereince your case may have individual needs, so be sure to ask an attorney to be sure you are filing the correct forms the USCIS web page and this forum are excellent resources.


I think I covered most things . keep in mind your case may be unique and need additinal info. so consult a legal professional before filing

Good luck
 
Last edited by a moderator:
Then it's easy.

You need to do (I go by memory since I just filed last week, but double check):

File I-130 petition for him.
Supporting documentation:
- Proof of your US citizenship, such as birth certificate (if you're a US Citizen by birth in the US), copy of unexpired US passport or certificate of naturalization (if you've been naturalized).
- Proof of relationship - marriage certificate in your case -
- One picture of you and one of your alien husband
- Form G-325A for you (it's 4 copies)
- Form G-325A for your husband
- Check for $190

He has to file I-485 Adjustment of Status.
Supporting docs:
- Copy of his birth certificate with certified translation in English as proof of his date of birth
- Copy of his expired visa stamp
- Two pictures of him
- Form G-325A in 4 copies for him again
- Form I-693 (medical examination by a USCIS approved civil surgeon) in sealed envelope
- Affidavit of support form I-864. You must be currently employed and above the 2006 poverty line (but if you're not you could still get a joint sponsor)
- Check for $395

He could file for I-765 employment authorization.
Supporting docs:
- Copy of I-94 front & back, even if it's expired
- 2 pictures of him
- Copy of his expired visa stamp

You have to file everything together (you don't have to wait for the petition to be approved to file for AOS) and send the package to the Chicago USCIS lockbox.

Then you just have to wait.
 
Addie_Goodvibes said:
First of all welcome! this forum is an excellent resource everyone is so helpful!

My situation is very similiar if not the same as your yours see attached for detailed process and additional info.
You can start at the USCIS web page. You can download all forms here.
http://www.uscis.gov/graphics/formsfee/forms/index.htm

And remember the advise here is only from personal expereince your case may have individual needs, so be sure to ask an attorney to be sure you are filing the correct forms the USCIS web page and this forum are excellent resources.


I think I covered most things . keep in mind your case may be unique and need additinal info. so consult a legal professional before filing

Good luck
Thank you very much for the info. All of the information is very confusing. At least now I have somewhere to start.
 
sarrebal said:
Then it's easy.

You need to do (I go by memory since I just filed last week, but double check):

File I-130 petition for him.
Supporting documentation:
- Proof of your US citizenship, such as birth certificate (if you're a US Citizen by birth in the US), copy of unexpired US passport or certificate of naturalization (if you've been naturalized).
- Proof of relationship - marriage certificate in your case -
- One picture of you and one of your alien husband
- Form G-325A for you (it's 4 copies)
- Form G-325A for your husband
- Check for $190

He has to file I-485 Adjustment of Status.
Supporting docs:
- Copy of his birth certificate with certified translation in English as proof of his date of birth
- Copy of his expired visa stamp
- Two pictures of him
- Form G-325A in 4 copies for him again
- Form I-693 (medical examination by a USCIS approved civil surgeon) in sealed envelope
- Affidavit of support form I-864. You must be currently employed and above the 2006 poverty line (but if you're not you could still get a joint sponsor)
- Check for $395

He could file for I-765 employment authorization.
Supporting docs:
- Copy of I-94 front & back, even if it's expired
- 2 pictures of him
- Copy of his expired visa stamp

You have to file everything together (you don't have to wait for the petition to be approved to file for AOS) and send the package to the Chicago USCIS lockbox.

Then you just have to wait.
Thank you very much.
 
dalomoore said:
Thank you very much for the info. All of the information is very confusing. At least now I have somewhere to start.
Just a quick note - the requirements for the Affidavit of Support have changed. You can find the new requirements here.

Addie - you might want to update your document with these new I-864 requirements :)
 
a_usc said:
Addie - you might want to update your document with these new I-864 requirements :)

Cheers Thanks for the update. I have Updated my attachments, However, it is always ok to submit additional evidence( past 3 year tax returns, empl. letter, statement of bnank account) than have to provide it later. :cool:
 
Uhmmm I don't quite agree with you about sending additional evidence with application is concerned. Not sending your past three year's tax returns with your application is not going to get you an RFE... you're gonna need these for the interview - though, even in the interviews they are not asking for the past three year's tax returns anymore. All they ask for is the latest year 'joint' tax return and with these new requirements, they may very well ask for paystubs and employment letter - which is something that all of us take to the interview anyways.
 
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