Sponsoring my husband who overstayed his US tourist visa

[fem_fem]

Hi everyone. Just wanted to get a head start on how to begin the spousal green card process as a US citizen for my new husband? I sponsored an ex-husband who lived overseas several years ago, but we quickly divorced after he immigrated to the US, so that was through consular processing, which I got familiar with handling everything myself.

I am not sure how to begin the same process for my new husband now who is already living in the US. From what I understand, I still need to file the same I-130 form and provide the same supporting docs as with the consular processing I handled, but do I need to ONLY file I-130 this time around or there are other forms I need to submit along with I-130 when my new husband is already in the US? There's one issue with this husband and it is that he is a northern European national who overstayed his visa for a year an a half now, so I know that this is a violation of his visa. However, just wondering whether this an issue for my petition now and do I need to file other forms just because he overstayed his tourist visa? I am also pregnant so at which point do we submit my pregnancy docs along with the ultrasound photo? I would appreciate it if someone can give me a heads-up as to how to begin this process that I am new to.

[newacct]

You guys should file both I-130 and I-485. The I-485 is for Adjustment of Status (the process of getting a green card from within the US). He is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), and thus his being out of status doesn't matter for his I-485; no additional forms or waiver or special process is required. He should make sure NOT to leave the US before he gets his green card or an Advance Parole, because it will trigger a ban. You can file the I-130 and I-485 together in the same package by mail, or file I-130 online and then print out the I-130 receipt and file I-485 by mail with the I-130 receipt while I-130 is pending. Read each form's instructions for what additional documents and forms are needed. Together with his I-485, he can also optionally apply for EAD with I-765 and/or apply for Advance Parole with I-131; the EAD is to authorize employment while his I-485 is pending; the AP is to allow him to leave and re-enter the US while his I-485 is pending; these will each cost extra so it's up to you guys as to whether either of them are worth it, especially since they're often slow to process. I-130 will need evidence of bona fide marriage; evidence of pregnancy should be part of that.

[fem_fem]

You guys should file both I-130 and I-485. The I-485 is for Adjustment of Status (the process of getting a green card from within the US). He is in the Immediate Relative category (spouse, parent, or unmarried under-21 child of US citizen), and thus his being out of status doesn't matter for his I-485; no additional forms or waiver or special process is required. He should make sure NOT to leave the US before he gets his green card or an Advance Parole, because it will trigger a ban. You can file the I-130 and I-485 together in the same package by mail, or file I-130 online and then print out the I-130 receipt and file I-485 by mail with the I-130 receipt while I-130 is pending. Read each form's instructions for what additional documents and forms are needed. Together with his I-485, he can also optionally apply for EAD with I-765 and/or apply for Advance Parole with I-131; the EAD is to authorize employment while his I-485 is pending; the AP is to allow him to leave and re-enter the US while his I-485 is pending; these will each cost extra so it's up to you guys as to whether either of them are worth it, especially since they're often slow to process. I-130 will need evidence of bona fide marriage; evidence of pregnancy should be part of that.

Thanks so much for your help! I'll do as you said. I do have just one more question please before I begin the process...my question is at which stage do I need to also file my Affidavit of Support I-864 for my spouse? Do I submit that form together with I-130 & I-485 or immigration will be requesting this form at a later time? I remember there's also form I-130A, Supplemental Information for Spouse Beneficiary, so I am assuming that it needs to be filed with I-130, right? Thank you

[newacct]

I-864 is one of the things he must attach to his I-485 (along with the I-693 medical, and various other documents). Read each form's instructions for what is needed.