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[nancyy 0]

Hello my name is nancy I live in California

I submitted I-130 for my husband Mexican national

in Jan 2012 got approved

On May 25 2012 with priority date of 01/23/2012

for got to submit I -485

And did application for immigrant visa

And alien registration oops was approved

Started DS-260 put on hold. So I just started

To gather paper work for I-485 did G-325A

I-864 and do I have to submit I-765 for him??

I'm I doing the right forms so far? Thanks for

Your help

[Penguin_ie 5,989]

**** Moving from USCIS Centers to AOS from Tourist/ Work visa as OP's husband seems to be in the USA ****

Is your husband currently in the USA? If so, how did he arrive?

Are you a US citizen?

[nancyy 0]

Yes he in us he entered without inspection

And I'm a us citizen we filled out form

I-485 already will go to dr for exam

Sat then wait for results and then

Submit with it with I-485 And biometric

U think I'm doing this the rite way?

Thanks

[Penguin_ie 5,989]

If he entered illegally/ without inspection, he cannot adjust status because he has no status to adjust from. He will need a waiver.

[Hypnos 6,576]

Unfortunately he cannot successfully file for AoS based upon his marriage to you because, as stated, he entered without inspection and so has no status to adjust from.

The only way an EWI could adjust like this was if an immigrant petition or labour certification for them was either pending or approved on 30th April 2001. Any AoS (I-485) he files will be denied.

What you can do is forget about the AoS (it won't be approved, and there is a chance he will be detained at the interview for it) and stick with the I-130 process. You may be able to overcome his inadmissibility (from the EWI) by filing an I-601 waiver, however (1) this must be done from outside the US, and (2) he must show how it would be a hardship to his US citizen relative (i.e. you) for him not to be admitted to the US.

He should not leave the US to pursue this option without talking to an immigration attorney first, since once you leave there is no guarantee he would be let back in, and there may be other relief that an attorney can detail. From the situation as you have described it though, his options are limited.

Edited October 11, 2012 by Hypnos

[nancyy 0]

Hello I have a question my husband is a Mexican national I'm a born us citizen had his consulate appointment back in December 2012 he had to do I601 we did that 2 days after consulate interview we got email on approved I601 on may 1 2013 can you tell me what to expect next wait for his green card or what do we need to do now? Thanks

[AnotherLostSoul 167]

Nancy:

1. you did not say anything new in your latest post, but repeated what you so brokenly stated at the first place.

2. it is quiet hard to understand your sentence structure, either because of language bias or because you state things line after line. Either way, you got the answers above, you guys need a lawyer since he entered without inspection...this way AOS won't be a piece of cake...all the best!