I'm Lost an need some help...

[Confused in CO]

I have posted in several other forums and can not get anyone to answer any of my questions. Here is our story....

My husband came to the US EWI from Mexico. The first time he crossed he was caught within hours, fingerprinted, and released back into Mexico (I have been told that this is considered a catch and release and will not affect our process). The second time he crossed, he made it successfully. His brother (who is a citizen) filed form 1-130 for my husband before the deadline in April 2001. I met my husband in May of 2005 and we married in May of 2007. So now we are on this long immigration journey. I have read so many stories on several different forums and I have to admit that I am very thankful that we qualify under the 245i.

I have already filled out the I-130 and have that packet ready to go. I am currently working on the I-485 packet, but I have a few questions on the application that I need clarification on.....

1. In part one it asks for current USCIS status. Would I put EWI?

2. In part three it states to "give your name exactly as it appears on your Arrival/Departure record". My husband does not have an I-94, so what would I enter?

3.In part three it asks for "Place of last entry into the united states". I'm sure that goes along with the I-94, but since he doesn't have one would I put where he came across ewi?

4. In part 3 it asks "Have you ever knowingly encouraged, induced, assisted, abetted or aided any alien to try to enter the US illegally"? If my husband came with friends or family would I have to put yes and explain that he wasn't alone when he crossed?

5. In part 5 it asks for the "signature of person preparing form, if other than above". Would I sign this since it should actually be my husband filling out this application?

Any advise would help....I really want to get this all mailed out by next week. The sooner we get this out the sooner we can continue with a normal life and he can help provide for our family. We are struggling now with only me working to support the 5 of us (I have three kids that my husband is great with).

 

[austriacus]

I'll answer you but only by saying I don't know the answer to your questions ... I'd be glad to help you find something that sounds reasonable for these answers that don't apply, however don't know what legal implications my answers would have. I think you'd be best off reviewing the specific answers with an attorney that can handle EWI cases.

That said, here's what I would put, not knowing any better, but please only take it as a starting point.

1. Out of status or N/A (actually it's probably N/A since he never had a valid status? or EWI? really don't know this one)
2. N/A
3. City, State
4. I have no idea what the legal implications are, but when in doubt, answer truthfully because fraud could cause a permanent ban. Based on your answers I would think this is yes. Anyway, I'm not sure if perhaps even his own entry would be considered encouraging an alien to enter illegally.
5. If your husband understands everything on the form and can speak to its contents I don't see why he couldn't sign it himself. I filled out some of the forms that my wife signed. If you think for some reason that's not the case (language?) then yes, enter yourself as preparer.

 

[Confused in CO]

Thank you for your response, I was kinda leaning to what you basiclly said, but I wanted other opinions be fore I put anything. The last thing I want to do is make any sort of error that would slow this process up.