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.
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, etc..so 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 relationship. Due to the nature of this forum, I often do not have all the information required to provide legal advice. Accordingly, our responses on Avvo are intended as general and not legal advice.
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 to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.
Yes, your spouse can file the I-130 in spite of the failed 192. The rest of your statement is either inaccurate or irrelevant.
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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.
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