Hi to all my question is I am married to a US citizen in Philippines for 9 years and this year he brought me here in USA, because he want.to work but the problem is he didn't get job quick so now I.have 1.month.left here to stay and can I still.apply a green card even though my visa is almost expired? Please help.me I want to know...thank you
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Originally posted by GEMMA42 View PostHi to all my question is I am married to a US citizen in Philippines for 9 years and this year he brought me here in USA, because he want.to work but the problem is he didn't get job quick so now I.have 1.month.left here to stay and can I still.apply a green card even though my visa is almost expired? Please help.me I want to know...thank you
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There are two ways you can approach applying for Green Card status, neither of which needs an immigration attorney:
1. Your husband can submit form I-130 and I-130A for you and you can just wait for the petition approval, after which your husband might be prepared to provide proof of sponsorship ability, unless you can obtain a co-sponsors to overcome your husband's lack of employment.
2. If you find a qualified co-sponsor, go ahead and submit forms I-130, I-130A, I-485 and I-765, with with sponsorship documents from both your husband and a co-sponsor.
--Ray B
Originally posted by Standing View PostI'm unsure how that process would be but I think he can still file for you but with a joint sponsor. It's always best to seek assistance from an immigration lawyer to be on the safe side. Best of luck.
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Originally posted by rayb View PostThere are two ways you can approach applying for Green Card status, neither of which needs an immigration attorney:
1. Your husband can submit form I-130 and I-130A for you and you can just wait for the petition approval, after which your husband might be prepared to provide proof of sponsorship ability, unless you can obtain a co-sponsors to overcome your husband's lack of employment.
2. If you find a qualified co-sponsor, go ahead and submit forms I-130, I-130A, I-485 and I-765, with with sponsorship documents from both your husband and a co-sponsor.
--Ray B
In any case, I believe Ray's advice is correct, you can submit the I-130 and wait for the petition giving you temporary status until a decision is made. You can also find a job to become the joint sponsor or find someone willing to help.--Good luck--
Good luck. I learned the hard way, I hope you don't have to. Immigration is interesting. Not considered as legal advice.
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Change of status through marriage
@ Mr Ray B, I've been following all your trending so far and it's been so helpful! Sir, I've some disturbing questions; I got married with my wife ( US citizen ) since Jan and I'm just about to start the paper work, I have filled mostly all the forms such a the adjustment of status , employment , advance parole, bio data and allied petition and the I 130A, but I'm having a some issues with the affidavit support. Apparently, my wife income was low so she can petition the affidavit, and a friend suggest to help me out. But my friend tax income is filled jointly with his wife , which is where I'm having the exact headache about all these
My friend gave me all the recent tax document and proof of citizenship n letter of employment as well. But how I'm gonna fill the form I 864 and I 864 A for the member household in the joint tax. More so, do I need the wife to submit all support document as my friend did? And in the recent W2 , how can I know the individual income ? And I think It's not necessary to use my spouse low tax income and do I have to submit a letter backing this up?? Pls sir your advice in details will be so welcome. Thanks
God bless
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In my opinion, if you are going to do Adjustment of Status in the US, there is no point to filing I-130 before I-485. Filing I-130 by itself doesn't protect you against deportation (only filing I-485 does that), and it doesn't allow you to stay in the US or work in the US. And when you are ready to file I-485, I-130 and I-485 can be filed together, so filing I-130 first doesn't make it any faster. So there are no benefits of filing I-130 before I-485, and it only serves to let the government know that you are here illegally. Just wait until you are ready to file I-485, and file I-130 and I-485 together.
This is my personal opinion and is not to be construed as legal advice.
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Newacct makes a good point. The only advantage to filing the I-130, then waiting for its approval, is the fee costs are spread out ($535 for the I-130 ).
--Ray B
Originally posted by newacct View PostIn my opinion, if you are going to do Adjustment of Status in the US, there is no point to filing I-130 before I-485. Filing I-130 by itself doesn't protect you against deportation (only filing I-485 does that), and it doesn't allow you to stay in the US or work in the US. And when you are ready to file I-485, I-130 and I-485 can be filed together, so filing I-130 first doesn't make it any faster. So there are no benefits of filing I-130 before I-485, and it only serves to let the government know that you are here illegally. Just wait until you are ready to file I-485, and file I-130 and I-485 together.
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