Can I benefit from 245 i from my husband? 1 Answers as of June 08, 2011

Can I benefit from 245i from my husband even we married after 3 years after he file his 245i? I got approved I130 from my sister. Can I adjust my status then?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
World Esquire Law Firm
World Esquire Law Firm | Aime Katambwe
You will benefit from your husband's 245(i) only if you adjust your status at the same time as he does, not before, not after. At the same time as he. This is because your marriage happened after he already qualified for 245(i). You are then an after-acquired spouse of a grandfathered person. If your husband qualified for 245(i) after April 1, 1997, then you will have to prove that you were physically present in the US on December 21, 2000. This is more so if you are not the principal applicant with the 245(i) protection (here your husband). Good luck!
Answer Applies to: California
Replied: 6/8/2011
Click to View More Answers: