Tuesday, November 11, 2014

family petionIf my husband is filing for my permanent residence but I have entered the US through a temporary visa which has expired, what ...

Question

family petion

If my husband is filing for my permanent residence but I have entered the US through a temporary visa which has expired, what document/info do I need.



Answer

Re: family petion

It may depend on the type of temporary visa you had. As long as the visa was valid when you entered, your are in overstay rather than "entering without inspection". Your husband will most likely need to file a petition for alien relative on form I-130 (along with G-325As for you and your husband), and you should file the normal I-485 and its associated documents (I-864, I-765, medical exam, etc.).



Answer

Re: family petion

The answer will depend somewhat on whether your husband is a resident or a citizen. If he is a resident, you may not be able to adjust your status in the U.S. I recommend consulting with an attorney.



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