Immigration Site

Hi guys!

My husband and I have been married for more than 2 years (July, 2008).

We didnt start any petition then because I thought we would be living in my home country (Philippines), and visit the US occassionaly as I had a valid tourist visa and he has a greencard.

All his immediate family lives in the US, his mom just became a citizen and the rest of his family are LPRs.

Last November, we both went to the US and just spent white Christmas together.

Now, were considering moving here permanently- this is where the problems comes up as Im not a permanent resident of the US.

I still have about 4 months left which i can spend inside the US legally. I dont want to break any rules as it might make things harder for the two of us in the future. We both want to stay here and not have to be separated for a few months.

Am I eligible to adjust my status? he is a greencard holder, has been one for 5 years but has an arrest record back when he was younger- though has maintained a clean record for 2 years now. Is it possible for him to apply and gain citizenship THEN petition for me as his wife all within 4 months? (VIA 130 and 485) Or is it more advisable for him to petition for me as his wife while he is still an immigrant?

I would seriously consider consulting an attorney. let me know, I can give you few names. are you currently in US?

keechan,

Right now as an LPR, if he filed an I-130 for you as the spouse of an LPR (FB-2A) that would merely set the priority date. It wont be current any time soon.

January Visa Bulletin:

Family......All Chargeability Areas Except......CHINA-mainland born.......DOMINICAN REPUBLIC.......INDIA............MEXICO........PHIL IPPINES

2A...............01JAN08.......................... ........01JAN08........................01JAN08.... ...............01JAN08..........01APR05........... 01JAN08

If you provide more details about his, LPR date, criminal problems (cite specific state charges, dates of conviction and penalties imposed--fines, probation, jail time, classes or rehab) and travel history, perhaps his naturalizatiuon eligibility can be addressed. IF he can naturalize, he can always upgrade any pending I-130 petiton so do not delay the I-130 filing. IF he can naturalize, as a USC, his Immediate Relatives (spouse, unmarried child under 21, or parent) can file for adjustment of status in the U.S. as long as they made a lawful entry even if the I-94 staus had expired by the time they file an I-485 and I-765 (no I-131 because IF they had unlawful presence they cannot travel abroad until getting a greencard) and they were otherwise admissible as an immigrant and his income qualifies for hiim to file an I-864, Affidavit of Support.

Happy New Year!

hi guys, thank for replying

@rama, im not so sure about an attorney as we might not have enough cash for that. would you know a close estimate of how much the overall expenses would be, including the USCIS fees?

@Bigjoe5, thanks for the information.

He was arrested before for drunken behavior- and he resisted arrest. he was only 17 at the time, he got no jail time but was put on probation. Hes been a greencard holder since 2005 (April, I think). Since we just decided we could move our lives here, he doesnt have a job that would fit the affidavit of support right now, but our immediate family can cover the i-864. he travels back and forth between US and the Philippines, but im not sure about his flight dates because he renewed his passport and only two recent trips are reflected. All that says there is that he went to the Philippines September 26 and went back to the US November 6, both 2010. That might affect his continuous stay.. for naturalization, are they very strict about the stay in the US?

Can I really stay even when my i-94 status expires? Im sorry, you just answered that, i guess my question is how long after it expires could we file an i-485 and i-765? Are we talking in terms of weeks or months? Because we might save money (airline fares) if I could stay and just use it for all the filing fees. I got here last November 6 on a valid tourist visa which I have had years before my husband and I got married. The tourist visa had been issued to me back in 2000.

We got married July2008. No kids. and No big wedding as well because my family were in the Philippines- but his family was there. We didnt host a reception, we went out to eat. No white fluffy gowns and suits. We got married in his state, Illinois, stayed for a couple of months then went back to the Philippines. But weve been together for over 2 years. We rented an apartment back in the Philippines.

He is planning to get a GED and a job. He wanted to enlist but Im not so crazy about the idea. Hes wanted to enlist since we met but I was the one who was scared of it. Ive heard too many horror stories so Im not sure if thats a job option Im comfortable with. But we have family whod qualify cover the i-864 for us.

Right now, were staying with my uncle in Jersey. We just finished with his radiation treatments (from November til now, yay its done!!) and my husband and I have started to talk about living here and starting over here.

All advice and opinions are welcomed. thanks everyone and have a glorious NEW YEAR!