Legal Question in Immigration Law in Michigan

Can I file I-485 through my husband?

I filed a family-based I-130 a couple years ago thru my dad's wife, who is a US citizen. She's the petitioner of the case. I just recently turned 19 and have been thinking about marrying my fiancee.

my question is: if we marry, could I apply thru my husband instead of applying thru my father's wife?

I really need some insight.

Thanks.


Asked on 11/07/08, 1:01 am

3 Answers from Attorneys
Michael Cho Law Offices of Michael Cho

Re: Can I file I-485 through my husband?

Assuming your fiancee is a US citizen, you may apply through your wife. However, whether you are allowed to adjust your status while remaining in the US depends on whether you entered the US legally with a valid visa or on the visa waiver program.

It's probably best to contact me to discuss this in greater detail.

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Answered on 11/07/08, 2:58 am
Marc Seguinot Seguinot & Associates, P.C.

Re: Can I file I-485 through my husband?

When you marry, your husband can file an I-130 on your behalf, and you may file the I-485 and I-765 simultaneously IF, and ONLY If, YOU ENTERED THE COUNTRY LEGALLY, THAT IS, WITH INSPECTION. Otherwise, your husband can file an I-130, and you will have to return to your country and consular process for your residency. GOOD LUCK

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Answered on 11/07/08, 7:55 am
Caridad Cardinale Pastor & Associates, P.C.

Re: Can I file I-485 through my husband?

You will have to do an I-130 through your husband. The I-485 will depend on whether you entered with a visa or are covered under 245i. Contact us if you need anything further.

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Answered on 11/07/08, 11:23 am


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