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Me and my husband who is not a citizen got married 3 year ago.

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we want to file for...
Me and my husband who is not a citizen got married 3 year ago. we want to file for his papers. what forms do we need? and is there anything you can recommend me to do?
Submitted: 8 years ago.Category: Immigration Law
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6/10/2010
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago
Judith Ludwic
Judith Ludwic, Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 30,057
Experience: 34 years as practicing immigration attorney, with non-immigrant and immigrant visa experience.
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How did he enter the country - legally or illegally?

 

Judith

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Customer reply replied 8 years ago
i dont know he had his passport but it was stolen legally i think
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

If he has no evidence of his lawful entry, including the I-94 inspection Arrival Record he cannot file for adjustment of status in the US.

He would have to go back to his country to apply for his immigrant visa and his departure would trigger a 10 year bar to coming back.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
He did do inspection when he arrived to the us he came in an airplane and he also reported pasport was stolen. Now we dont have the copy how can we get a copy.
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

He can try filing an I-102 to replace his I-94. If they can find it then he can file for adjustment of status.

Here is the link

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e5d95d4c6608e010VgnVCM1000000ecd190aRCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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Customer reply replied 8 years ago
what other paper work will we need to file for adj status
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

Here is what you will need: Find instructions for each here: http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=db029c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD

 

I-130 Immigrant Petition (signed by you)

 

I-485 Application for Adjustment of Status (signed by him)

 

I-765 Employment Authorization Application (signed by him)

 

 

G-325A Biographic Sheet (one for you and one for your husband)

 

A medical examination in a sealed envelope performed by a civil surgeon (find one here: https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=CIV

 

I-864 Your Affidavit of Support and copy of tax return

 

Two passport sized photos of you

 

Six passport size photos of him

 

Copy of his passport including all blank pages and I-94

Copy of your birth certificate

Copy of spouse's birth certificate

Copy of any divorce decrees

Copy of marriage certificate

 

One check in the amount of $355 for the I-130

One check in the amount of $1,010 for the I-485/I-765/ packet

 

The packet get filed at the PO box on Page 7 of the instructions

http://www.uscis.gov/files/form/i-485instr.pdf

 

 

You can read about the process at this site http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=9c8aa6c515083210VgnVCM100000082ca60aRCRD&vgnextchannel=9c8aa6c515083210VgnVCM100000082ca60aRCRD

Conditional Resident status is granted for 2 years. You and your spouse have to file a joint petition to remove this conditional status within 90 days of the 2nd anniversary date of the adjustment approval. http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=745218a1f8b73210VgnVCM100000082ca60aRCRD&vgnextchannel=4ca43a4107083210VgnVCM100000082ca60aRCRD

 

Judith

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

 

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Customer reply replied 8 years ago
what is the Copy of any divorce decrees and is there a fee for each form we file
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

If either of you are divorced you need copies of the divorce from the court.

 

One check in the amount of $355 for the I-130

One check in the amount of $1,010 for the I-485/I-765/ packet

 

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

Ask Your Own Immigration Law Question
Customer reply replied 8 years ago
is there any suggestions you can give me or anything else i should know
Immigration Lawyer: Judith Ludwic, Immigration Lawyer replied 8 years ago

Don't file until you get the copy of the I-94 through the I-102. YOu will just set him up for deportation if you do.

 

Judith

 

promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and it's associated sites. You are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed in this public forum.

 

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