Need help for I-130

anash72

Registered Users (C)
I'm a USC filing for my wife I-130 & I-485 & for my step kids hers. On her I-130 form C. 17 what should i put here is it my name plus my kids & hers, D. 1 what should i put here, D. 2 this is my first filling for someone what should i put here. ON the kids I-130 form C. 17 what should i put there i'm at a lost. D. 1 & 2 what should i put here.
 
You, the petitioner, file the I-130; whereas she, the immigrant, files the I-485. On I-130, "you" is you, and "your relative" is the immigrant, your wife. So for "spouse and children of your relative", it is her spouse and her children. It doesn't say your children.

D.1, probably N/A, since you are not petitioning other relatives
D.2, put No
 
Remain in USA on I-130 pending GC

Is it possible, for a spouse, to remain in the USA, with a I-130 and spouse naturalized, both from El Salvador, whilst she awaits filing for a GC...what would be the ideal next steps...suggestion from gov is to file a I-601A and have her deported, only to file, in her 'home' country, away from her family, here, in the USA.
 
Is it possible, for a spouse, to remain in the USA, with a I-130 and spouse naturalized, both from El Salvador, whilst she awaits filing for a GC...what would be the ideal next steps...suggestion from gov is to file a I-601A and have her deported, only to file, in her 'home' country, away from her family, here, in the USA.

I-130 does not give any legal status. If she is in the U.S., and she entered legally, they should file I-130 and I-485 together. The I-485 will give her legal status. She does not need a waiver if she entered legally. If she did not enter legally, then yes she will need a waiver and go through consular processing in her country.
 
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