Permanent Residency for Husband (married in 10/06) but B2-overstay

C

c_l

New Member
I am a USC (naturalized in 2008). We were married in 10/2006 and I have heard so many different things about how to obtain a "greencard" for him. He is a B2 overstay.

My mother-in-law tells me he was approved for the i-130 but when i looked at the letter they rec'd it said he is inelgible but didn't state why. When I asked her about that, she said it was because he married me so I have to re-file for him but the notice was from before our marriage so whatever I'm just going to start from scratch. She wanted me to use her attorney but I said no because he gives me a bad feeling. I looked through her original application and the atty sent in $80 total for the fees so I didn't trust that he was legit and am filing for him on my own. I used Infopass and was told I have to start from scratch for him anyways.

He came in 1986 as a B2, and although his mother filed the i-130 with her atty, they have waited for over 15 years. At the time of the original application his i-94 was already lost. So I really want to do this right the first time because I am planning a nice anniversary trip for our 5th year.

PLEASE HELP ME before I lose my mind trying to figure out what's really needed and what all the fees are! And are these tax-deductible? (joke..)

So far, my list is this:

by me:
I-130($355)
I-864($70 - is that right??)
G-325A($0)
total: $445

by him:
(((I-907($1000-is this a good thing to do or can it even be done?))))
I-102 to replace I-94($320- does he HAVE to? can he just write in "lost" on the I-130 for his portion? He has no copies of it though.)
I-485+biometric($1010)
I-131($305)
I-751($545-this includes biometric but does he have to pay more than 1 time?)
I-765($345)
$1000 penalty fine for overstaying(Is that true??)
total: ARM + LEG + hair loss

ouch..so as you can see, i'm lost in a big way. I hear some fees are included in the I-485 fee but I'm not too clear on which ones..bleh so..HELP!!
 
He came to the US as a child, correct? I find this situation very strange, that his mother would become a permanent resident or citizen while he becomes neither. His mother seems to be completely clueless about immigration, that I have to wonder about the odd chance that he actually became a permanent resident and your mother doesn't know it because her husband or another relative or attorney handled all the paperwork. How and when did his mother become a permanent resident, and how old was he at the time? Who sponsored her?
 
c_l said:
by him:
(((I-907($1000-is this a good thing to do or can it even be done?))))
I-102 to replace I-94($320- does he HAVE to? can he just write in "lost" on the I-130 for his portion? He has no copies of it though.)
I-485+biometric($1010)
I-131($305)
I-751($545-this includes biometric but does he have to pay more than 1 time?)
I-765($345)
Click to expand...
When filing I-131 and I-765 concurrently with I-485 there is no fee.
I-751 can never be filed concurrently with I-485, and in your case this form is not needed at all, as you have been married for more than 2 years. If the I-485 is approved he will get an unconditional green card.

So, it is just an arm + hair loss.

Wd
 
It sounds to me like you need to be very far away from your mother-in-law and her atty.

First of all you need to relax, because you are not going to have to pay as much as you think.
Secondly, you have been married for over 2 years and should be able to prove that easily.

I think you should find out what his legal status is for sure.
That dodgy atty might actually have gotten him permanent residency and didn't say so to try and get more money from his mother.
Now, who would you call? Immigration?

If he is actually out-of-status then here is the link to complete the application yourself:
http://forums.immigration.com/showthread.php?t=288201
 
Jackolantern, Whaledad, & BornintheRSA, thank you so much for your fast responses!

Jackolantern: Yes, he arrived as a 10yrold and his mother just recently became a PR about 3 mnths ago. I asked for her application and she is his sponsor but it makes no sense to me that she just recently became a PR (how can she have sponsored him if she herself wasn't a PR at the time???) I really want to confront her lawyer but I wouldn't know what to say to him.

Whaledad: LOL thank you..I now have one less limb to worry about.

BornintheRSA: Yes I do need to be far away from her but I would like to know what's going on first. (relaxing will be for after everything is over..someday..) You have a very good point, I am looking into his case status using the USCIS site tonite so hopefully he already has his PR (I really hope so).
 
c_l said:
Jackolantern: Yes, he arrived as a 10yrold and his mother just recently became a PR about 3 mnths ago. I asked for her application and she is his sponsor but it makes no sense to me that she just recently became a PR (how can she have sponsored him if she herself wasn't a PR at the time???)
Click to expand...
Maybe that's why they said he wasn't eligible for the I-130 ... his mother wasn't a PR yet. Which any lawyer should have obviously noticed and advised her not to apply. Maybe that "lawyer" is a fake, not a lawyer.

Or maybe his mother got citizenship 3 months ago, not PR.

The other possibility is that your husband's I-130 was actually filed by somebody else, not his mother ... maybe it was his mother's husband or whoever else that sponsored his mother's green card. Then your husband became ineligible because he got too old.

You really need to look at his mother's documents to know what is going on ... locate her I-130, I-485 receipt or approval notice, green card, whatever is available (even ask for her naturalization certificate or US passport, just for the odd chance that she's a citizen), and whatever documents were filed for your husband. Ask your husband to get copies of those documents, because they are important for understanding your husband's own situation and how to proceed.
 
I find it very strange that you are doing all the work and stressing out.
My husband did nothing but sign where I told him to. I'm the applicant so I should do the work. It's his mother and his GC. I hope he is helping you.

relaxing will be for after everything is over..someday..
Click to expand...
I so know where you are coming from :p

Good Luck and keep us updated !!
 
BornintheRSA said:
I find it very strange that you are doing all the work and stressing out.
My husband did nothing but sign where I told him to. I'm the applicant so I should do the work. It's his mother and his GC. I hope he is helping you.
Click to expand...
In this case, it may make sense for c_l to do most of the work, because c_l would be the sponsor if it is confirmed that her husband is not already a PR. And more importantly, c_l has personally gone through the entire process from PR to citizenship, whereas her husband apparently has not touched a US immigration document in his life. But it's up to them to work that out ... we can only provide information and let them decide how to proceed.
 
I spoke with both mil and my husband yesterday night - I had a LOT of questions.

Mil is def just a PR, and the sponsorship was when they had a company sponsoring him - her company that went out of business (Remember the company that made skidz clothing? yea..definitely out of business now). He is obviously inelgible. I'm really getting fed up with this but I will be more at ease knowing that I was the one who did the applications. (BornintheRSA..thank you!! yes, tho I really wish he could do his own papers, he is better at other things that I stink at doing so like Jackolantern mentioned I already did the whole citizenship thing and instead of him asking me about each question on each application - I would rather just get them done and over with.

Both of are equally clueless as to the whole immigration process (I'm only 98% clueless) and so I have been asking around with the people my mil told me referred her to the atty. There’s something really weird about mil’s atty.

Anyways, I’ve made a goal for myself to send everything out by this week (RSA, don’t worry, if it gets really bad, you’ll find me in margaritaville instead =))
 
So I guess the answer to your initial question is "Yes. You need to start from scratch." :p

Margaritaville... here we come.... :)
 
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