Legal Question in Immigration Law in Colorado
My husband entered the country legally on a work visa (from Mexico). We met while he was here working and his visa was still valid. We dated and then he decided not to return. We married after the visa expired. My question is can we file the I-130, which is a lot less expensive or do we have to file the I-485 Adjustment of status? We are struggling financially and cannot afford 1) the fees 2) we have no one to commit to the financial wavier and I cannot due to no income.
1 Answer from Attorneys
Since he is in the country and 'out of status' (but was inspected and admitted on a visa) his ONLY real option is to file together I-130, I-485 and I-765 with the Affidavit of Support I-864 and other supporting documents and forms.
Yes, this process cost some money in filing fees even if you don't hire a lawyer. However, it makes sense to consult a knowledgeable attorney before filing anything for a husband who is in the country illegally. At the end, he will get a work permit and then a permanent residency (green card) and therefore will be able to work for any employer and help to support the family.
If you�d like to schedule a telephone or email legal consultation, need legal advice or help, please let me know and I�d be glad to help you. I am an immigration attorney and offer confidential consultations and legal help in matters of the U.S.A. federal immigration law to clients from all 50 States and internationally. Please email your inquiries at [email protected] and I�ll send you a Questionnaire. Office Telephone line is 1-402-210-2040 (please EMAIL first to schedule a consultation appointment with an attorney).
Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. For more information or to schedule a consultation, please visit http://www.law-visa-usa.com/contact_us.html
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