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I was given an I-94. Now do I apply for Adjustment of Status (I-485) or does my husband petition me through I-130?

Lemoore, CA |

I was given the I-94 through the military Parole In Place. My husband is deploying in a few days and the lawyers on base weren't able to help us because my husband was unable to get out of work to go talk to them. Now we don't know what to do next? Help us please.

Attorney Answers 3


  1. Download Forms I-130, G-325, as well as From I-864 from the USCIS website, including the instructions for each Form. www.uscis.gov is the website. Have your husband fill out, to the best of his knowledge each and every one of the above-listed Forms, sign and date them & leave them with you. Also have husband leave with you the copy of his latest Federal Income Tax return (Form 1040), with all its Schedules, as well as a copy of 3 of his pay stubs and his W-2 for 2012. (All of these doc's should be readily available to him..)

    ! Make sure husband leaves you one or two passport size pictures prior to being deployed !!

    Also download for yourself Forms I-485, G-325, I-765 and I-131 - sign and date them. Also, make an appointment with a "Civil Surgeon" in the USCIS list on their website that is closest to you.

    Once you have accumulated all those Forms (and had your husband sign those that correspond to him) arrange an appointment with the lawyers in base and have them guide you further.
    Best wishes,
    Giacomo

    Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.


  2. I agree with Attorney Behar, though I think you would be better off finding the time and hiring an immigration attorney.

    NYC EXPERIENCED IMMIGRATION ATTORNEYS www.myattorneyusa.com; email: info@myattorneyusa.com; Phone: (866) 456-­8654; Fax: 212-964-0440; Cell: 212-202-0325. The information contained in this answer is provided for informational purposes only, and should not be construed as legal advice on any subject matter.


  3. Both.

    You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.

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