Can I file the paperwork for my husbands overstayed visa? 6 Answers as of August 04, 2011Husband is ten years overstayed since 07/03/2001. I married him on 08/08/2008. I would like to get him a green card. We have been together since 2006 and share everything. I need to know how to go about this and what forms I need to file for him. He came in with a form 94W visa waiver and never left the US, but now he is married to an American citizen who is me, so can I go forward to get him paperwork?
Christian Schmidt, Attorney at Law | Christian Schmidt
You can go ahead and file an I-130 petition along with his I-485 if he entered lawfully and never left the U.S. Make sure that he had no run-in with law enforcement. Although he seems to qualify, I recommend consulting with an immigration attorney to make sure there are no hidden issues given the length of his stay in the U.S.
Answer Applies to: California
Law Office of Immigration & International Trade Law | Linda Liang
You actually may file I-130 for him. and he can adjust status here in US. If you are not sure, in order to avoid denial, you should hire an attorney.
Answer Applies to: Florida