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Posted 9 months ago.

I lived in the US for 12 years my visa was expired and then I got married to my husband ..I got a social security and a work authorized ..so does my husband have to file a I 130 form?? Thank you so much

Ralf D. Wiedemann
Ralf D. Wiedemann, Immigration Attorney - Philadelphia, PA
Posted 9 months ago.

For you to get an immigrant visa, it would have to start with your husband filing an I-130. But even an approved I-130 will not get you a visa if you are inadmissible to the U.S. It sounds like you were in the U.S. unlawfully for over 1 year. If so, then from the day you departed the U.S., you are inadmissible for 10 years (you cannot get a visa or enter the U.S. for 10 years). You can apply for a waiver of inadmissibility, but this will only be approved if you can show that your husband will suffer from extreme hardship if you have to stay outside the U.S. for 10 years and if he has to live with you outside the U.S. for 10 years. For something as complicated as that, you should talk with a lawyer. If you had talked to a lawyer before you departed the U.S., you would have learned the effect your departure would have.