Spouse of now u.s. Citizen, entered the country with visa waiver

T

tatara12

New Member
I entered the country in 2003 with a visa waiver. My husband became a Permanent Resident in 2004, and we went to file a petition I-130.

Now I know I didn't qualify to file that petition, however, the priority day was set, Oct. 1 2004.

Now he just became a U.S. citizen. The lawyer insists to file an adjustment of status, which I know I don't qualify for.

What would the next step be for me?

I have been to 5 lawyers already and they agree on adjustment of status, but in the usimmigrationsupport.org I found who qualifies:


-The immigrant visa petition must be approved by the USCIS
-An immigrant number must be available from the Department of Homeland Security (DHS)
-In certain situations, the petition may be approved by the USCIS but an immigrant number is not available from DHS. In these cases, it may take months or even years before an individual may be able to adjust status to become a lawful permanent resident.

I don't have any of the above listed.

What can I do?

Should I withdraw my application? What should I file? Please help me!
 
Has your I-130 petition been approved?

Since your spouse is now a US citizen you become an immediate relative of a US citizen and are not subject to any quotas. Since your I-130 is already filed, you should first inform USCIS to "upgrade" the petition to that of an immediate relative of US citizen (you will be required to file supporting documents like proof of your husband's US citizenship) and then file I-485 to adjust status based on a visa number being immediately available to you.
 
thanks a lot, can you also tell me how to "inform the USCIS? is there any special form?

And yes, it was approved.
 
You must log in or register to reply here.
Top