i-30 Form

[RamFam2014 1]

Hi I am new to this site and I was wondering if someone can help me. I am a US Citizen and my husband isn't and he's from Mexico. We both live here in Texas. My husband and I have been married less than 2 years. We have a 4 month old son together and is going through the process of getting my husband legal. Will they deny him because we haven't been married for 2 years? We have submitted every piece of proof that our married is legit and we are in love. He entered the country legally but over stayed his visa. How long does it take to know? Has anyone gotten approved being married less than 2 years?

[Caryh 5,206]

The length of your marriage is not going to matter. Many people with much shorter marriages apply for and receive approvals on exactly the process you are in.

You are applying for the I-130 and I-485, spousal visa and adjustment of status petitions, correct?

[Pitaya 2,577]

Welcome to the forum.

What visa or immigration process are you doing? What forms have filled out? What type of visa did your husband use to enter the US?

Since you are already married you are not eligible for a K-1 Fiancee visa.

[Ban Hammer 13,555]

as you are married, i've moved your thread to this other forum as it applies to your situation

[RamFam2014 1]

We went through a lawyer and they filled out the i30 form. I am petitioning for my husband. My husband came here when he was 21 with a visa from Mexico that expired about a year later. He just ended up staying here. Our lawyer said that she does not see a problem with us being approved because all of the information that we submitted. But the only thing she says would stop us is us not being married for two years.

[Caryh 5,206]

We went through a lawyer and they filled out the i30 form. I am petitioning for my husband. My husband came here when he was 21 with a visa from Mexico that expired about a year later. He just ended up staying here. Our lawyer said that she does not see a problem with us being approved because all of the information that we submitted. But the only thing she says would stop us is us not being married for two years.

The visa your husband entered under could be important, such as a K-1 holder cannot adjust status under any other person except the original petitioner. There are some visas that require the immigrant to leave the country for two years also. I've never heard of one requiring marriage of two years.

Some more information on the history and visa type would be helpful. I'm getting the feeling you either misunderstood the lawyer, of she doesn't know what she's talking about. For one thing, there is no I30 form, there would be an I-130 combined with an I-485.

Edited June 11, 2014 by Caryh

[RamFam2014 1]

Sorry for the typo. It is the I-130. I forgot the 1. My husband came here on a tourist visa 13 years ago. From my understanding we file the I-130 and once approved we file the I-485 right?

[aaron2020 11,651]

Sorry for the typo. It is the I-130. I forgot the 1. My husband came here on a tourist visa 13 years ago. From my understanding we file the I-130 and once approved we file the I-485 right?

You could do that, but the case will be transferred to Mexico.

You want to file the I-130 and the I-485 at the same time (along with a bunch of other documents and info). This gets your husband on the road for a green card quicker.

[RamFam2014 1]

I did not know that. Our lawyer said he wouldn't have to go to Mexico that we would have to be interviewed if they want to know if our marriage is real. I wonder why the case would get sent to mexico

[belinda63 3,047]

The I-130 in and of itself does nothing for getting your spouse legal in the US. All the I-130 does is prove you have a relationship based upon which he can apply for an immigrant visa (from another country). You need to file the I-485 to obtain a green card for him without him having to leave the US. I suggest you boot the attorney as they don't seem to know what they are doing.

Read the guides at the top for concurrent filing http://www.visajourney.com/content/i130guide2. Since you have already filed the I-130 you can attach the NOA-1 (the receipt showing the I-130 was received) and continue with the process for the I-485. There is absolutely no reason to wait for approval of the I-130 prior to filing the I-485.

[RamFam2014 1]

Wow I did not know that. Thank you guys so much for that information.

[aaron2020 11,651]

Did your freakin' attorney file the I-485?

If not, then fire the sucka.

Stupid for a lawyer not to file an I-485 when the beneficiary legally entered the US.

Dumb lawyer.

Suggest you get a new lawyer if this dummy didn't file the I-485.

[Caryh 5,206]

You could do that, but the case will be transferred to Mexico.

You want to file the I-130 and the I-485 at the same time (along with a bunch of other documents and info). This gets your husband on the road for a green card quicker.

He is here and entered with inspection, there is no need to leave the country. He can adjust status here.

You should be filing the I-485 at the same time to make him legal in the USA. As the spouse of a USC, his overstay will be forgiven.

Had he entered illegally, without inspection, he would have been required to leave the country to complete the process. As he entered legally, he needs to stay in the country until the process (obtaining the green card) is complete.

Did your freakin' attorney file the I-485?

If not, then fire the sucka.

Stupid for a lawyer not to file an I-485 when the beneficiary legally entered the US.

Dumb lawyer.

Suggest you get a new lawyer if this dummy didn't file the I-485.

I didn't want to say that so bluntly, but it certainly is sounding like her lawyer does not know what she's doing.

[RamFam2014 1]

No she didn't she told us once the I-130 was approved then we file the I-1485. The I-485 is the one that costs $1,070 right?

[Caryh 5,206]

No she didn't she told us once the I-130 was approved then we file the I-1485. The I-485 is the one that costs $1,070 right?

Yes it is. Your lawyer doesn't know what she's doing.