Do I need to wait for visa # for file i485?

[canadian_wife 1,822]

No problem, she is fantastic, straight talking, and an expert on inadmissibility

Good luck

[belinda63 3,038]

Yes he will have to return to Mexico as he has no status in the US to adjust from. When he is interviewed it will be denied but he will be able to file a waiver. Suggest you go the the regional forum for more specific information as I think they will let him file the waiver the same day. Strongly recommend an attorney on this one.

[Darnell 8,478]

whew! he's here as EWI ? OK - Ignore any prior advice I have written here.

[JimVaPhuong 4,863]

This is the law i was talking about:

You may be eligible to receive a green card through Section 245(i) if you:

Are the beneficiary of a qualified immigrant petition (Form I-130 or I-140) or application for labor certification (Form ETA-750) filed on or before April 30, 2001

Were physically present in the United States on December 21, 2000, if you are the principal beneficiary and the petition was filed between January 15, 1998, and April 30, 2001

Are currently the beneficiary of a qualifying immigrant petition (either the original Form I-130 or I-140 through which you are grandfathered or through a subsequently filed immigrant petition)

Have a visa immediately available to you

Are admissible to the United States

Whoa! Valid point!

His EWI may be excusable because of the LIFE act and the prior petition. I read a case about another EWI from Mexico who used this route to successfully adjust status even though they were currently married to a different US citizen than the one who filed the original I-130 prior to April 30, 2001. In fact, the original I-130 was withdrawn because of divorce, but the IJ determined it was approvable at the time the LIFE act went into effect (the act doesn't specifically say that the qualifying petition has to be approved - only filed before the cutoff date).

Get a lawyer to help with this. 245(i)'s are not very common anymore.

[VanessaTony 3,567]

** moved from "Adjustment of Status (Green Card) from Family Based Visas" to "Bringing Family Members of US Citizens to America" as the prior forum is for K1, K2, K3 & K4 visas and it doesn't appear you've decided whether to AOS from in the US, or whether you've decided he should leave the US to follow a CR-1**

[smileysjs 3]

I wanted to update. I talked with a lawyer who said, "If we can get proof of the previous wife's filing he does not have to leave the country to apply and can get a green card (Permanent Residency) within 5 months." I just got his papers from his ex-wife. She sent the approved i130 notice with the priority date of July 1998! Thank goodness his ex-wife saved all this stuff and filed the petition!