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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Immigration Law
Satisfied Customers: 19127
Experience:  B.A.; M.B.A.; J.D.
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I want to apply spouse and get m to US as soon as possible

Customer Question

Customer: hey my name is***** want to apply for my spouse and get him to US as soon as possible while filling in the I-130 form
JA: Thanks. Can you give me any more details about your issue?
Customer: i noticed it asked if my spouse is alredy in US and if i will apply for an adjustment of status that is question number 22. on the 1-130 form
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Submitted: 1 year ago.
Category: Immigration Law
Customer: replied 1 year ago.
Do I also have to fill in the I-751 form as well.
Expert:  Phillips Esq. replied 1 year ago.

Hello: This is Phillipsesq. I am a licensed Attorney and I will assisting you with your post this evening.

I am sorry, but I do not understand your question.

Are you asking what you can answer on item #22 of I-130?

Customer: replied 1 year ago.
Hello,I am filling in the form I-130, and i have been married for less than 2 years.
Therefore, i need a clarification on this section of the 1-130 instructions.Notice to Persons Filing for Spouses, If Married Less Than 2 Years
"Pursuant to section 216 of the Immigration and Nationality
Act, your alien spouse may be granted conditional permanent
resident status in the United States as of the date he or she is
admitted or adjusted to conditional status by a USCIS officer.
Both you and your conditional resident spouse are required to
file Form I-751, Joint Petition to Remove Conditional Basis of
Alien's Permanent Resident Status, during the 90-day period
immediately before the second anniversary of the date your
alien spouse was granted conditional permanent resident
Otherwise, the rights, privileges, responsibilities, and duties
that apply to all other permanent residents apply equally to a
conditional permanent resident. A conditional permanent
resident is not limited to the right to apply for naturalization,
file petitions on behalf of qualifying relatives, or reside
permanently in the United States as an immigrant in
accordance with our Nation's immigration laws.
Failure to file the Form I-751 joint petition to remove
the conditional basis of the alien spouse's permanent resident
status will result in the termination of his or her permanent
resident status and initiation of removal proceedingsve to fill in the I-751 form."
Customer: replied 1 year ago.
i was also seeking advise on #22 of the I-30 form
Expert:  Phillips Esq. replied 1 year ago.

Hello, you only complete item # ***** if your spouse is NOW in the United States. Otherwise, you need to put N/A on that box and move on to other questions.

As for I-751, you do not fill out that form at this time. You and your spouse would only fill out that form after your spouse has been granted immigrant visa/conditional green card and before the two-year anniversary of granting of the conditional green card.

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