A lil' help here.

[Wendy0431 0]

Hello,

I'm a little confused as to what to file. I call the helpline, but she told me to file for I-400, but I'm not sure.

Background: I was only 5 when I came to the US so I did enter illegally & my status has remained the same. My husband and I married in December. He is currently deployed and since he gets out of USMC soon after deployment, he wants me to start my legal process.

Will I file for I-400?

Or I-485 & I-130?

Also since deployed, is there any advantage for our case to be expedited?

Thank you.

[bigdog 376]

Contact the military help line at uscis or USMC.

[Ruffie 22]

I'm pretty sure there is no I-400, only a N-400 which would be the application for naturalization. I'm also pretty sure that an illegal alien can't just apply for naturalization.

However I do know that an illegal alien can adjust status as an immediate relative of a citizen so I suggest you start the AOS (adjustment of status) process - I-485 and I-130.

[andiwaslike 0]

Wendy0431, did you enter without inspection? If so, EWI foreigners are not eligible for in-country AOS (in which you file form I-485 along with the I-130 petition), even when they are married to a U.S. citizen. You must go through consular processing, meaning a US consulate in your country of origin, and since you've been unlawfully present in the US for more than 180 days. If eligible, you will require a waiver of inadmissibility during this process.