Late i-192, can I file for i-130? My son currently submitted i-751.

Asked 10 months ago - Irwindale, CA

I am currently married to my U.S. citizen spouse since July 2011, I filed form i-192, but was deemed late, so currently haven't done any paperwork with my lawyer. My son filed his i-751 recently with little supporting evidence (in hope), right now I want to file the form i-130 like I should of before, to enter the U.S. and live with my married spouse, and to increase the chances of my son's i-751 application.
Since I was denied of i-192, can I file for i-130? We married in Ontario, Canada, in July 2011, I haven't been to the U.S. since I left in January 2011. (I have known my U.S. spouse since 2003). Also I notice the information for the i-130 (supporting documents) is similar to what is requested for my son's i-751 application.

Attorney answers (4)

  1. Carl Michael Shusterman


    Contributor Level 20


    Lawyers agree

    Answered . Your question is confusing. You need to lay out the facts more clearly in order to get a good response.

    Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response... more
  2. Maria J. Marty

    Contributor Level 17


    Lawyers agree

    Answered . Your USC spouse needs to file an I-130 for your benefit, then you need to apply for the immigrant visa at a US embassy abroad. I have no idea about your son's I-751, thats a separate matter and whether you get an immigrant visa based on marriage to a USC should not affect your son's I-751 chance of success. I don't understand why you filed form I-192 or why it was deemed late, I cannot comment on that. You mention you have a lawyer, so talk to him/her about these facts, hopefully they know your immigration history and can guide you.

    I am a lawyer but I am not your lawyer unless we have spoken and we have entered into an attorney-client... more
  3. John Grayson Davidson


    Contributor Level 17

    Answered . Yes, your spouse can file the I-130 in spite of the failed 192. The rest of your statement is either inaccurate or irrelevant.

    Free Consultation Anywhere in USA | 626-399-4194 | |
  4. Ili J. Subhan


    Contributor Level 14

    Answered . Your spouse can file an I-130 petition on your behalf. You will need to prove that you and your spouse entered into a bona fide marriage. You will need to provide documentation to support that your marriage was legitimate. Also, the filing of an I-130 does not have any affect on your son's filing of an I-751 petition.

    The information provided is intended for informational purposes only and should not substitute for the advice and... more

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