If my I130 was approved, what is my next step in petitioning my husband from Mexico if he is in the United States with me? 10 Answers as of February 03, 2014I'm lost and confused. I want to know if I have to file anything or do I just have to wait for them to send me more paper work requesting for additional information.
Walker & Ungo Law Firm | Gabriela Ungo
There are tow options depending on whether he entered the U.S. with a visa or crossed the border without inspection. If he was inspected (with visa), he would be eligible for adjustment of status. If he entered illegally, then he needs to obtain an I-601A waiver and consular process his immigrant visa in Ciudad Juarez. I highly advise that you consult an immigration attorney if you're feeling anxious for a deep formal assessment of your husband's case.
Answer Applies to: Mississippi
Mulder Law office, PA | Kyndra L Mulder, Esquire
It depends on whether your husband entered the U.S.A. with inspection or is here without status. If he entered with inspection you need to file an I-485. If he entered without inspection you will need to go through the NVC and file a provisional waiver. I suggest you work with an experienced immigration attorney or make an info pass at your local USCIS and see if an officer can guide you.
Answer Applies to: Florida
Law Office of Pho Ethan Tran PLLC | Pho Ethan Tran
The approved I-130 will now be transferred to the National Visa Center where you have to pay the affidavit of support fee ($88) and immigrant visa fee ($230). If you are a U.S. citizen and your husband entered the country illegally, he will also need to apply for and get approved a provisional waiver on form I-601A with USCIS if he has been unlawfully present in the country in excess of 6 months.
Answer Applies to: Texas
Law Office of Bill Travis Klein | Bill T. Klein
Are you filing as a U.S. Citizen for your husband or as a Green Card Holder and is he in the U.S. Legally. These are some of the important questions you need to discuss with an Immigration Attorney. The next step is to apply for a green card here or your husband must return to Mexico to apply for a Visa at the U.S. Embassy depending on his situation. Meet with an Immigration Attorney who can help you file the correct paper work.
Answer Applies to: California
Hoang & Tran PLLC | Adam Tran
You should consult with an immigration attorney because you will waste a lot of time trying to figure out all of the nuances of immigration law. For instance, an immigration attorney would need to know if your husband is here illegally or not. If he is here illegally, you need to file a waiver. If not, then you can "adjust" his status. There are more questions that need to be answered, such as does he have a criminal record, how has he been in the U.S. ... These are important questions that cannot be answered in this forum.
Answer Applies to: Texas
Law Offices of Grinberg and Segal | Alexander Segal
You will likely need to file a provisional waiver for him assuming he is in the country without authorization. However, a provisional waiver can only be sought if there are no other issues in his immigration history. I encourage you to consult an experienced attorney to discuss the matter fully.
Answer Applies to: New York