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Can my husband fill petition me through Marriage while petitioning someone else?

Seattle, WA |

Hi there,
My name is Jamie, and I just got marriage last week
My husband will fill petition me through Spouse.
However, He is also helping his friend to petition her mom to US
My question is
Is there any conflict or disadvantage for my petition?

Another questions:

do I need to include I-693 Report of Medical Examination and Vaccination Record in I-485 form?

Am I correct that I need to submit I-130 first before submit I-485?

Thanks

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Attorney answers 5

Posted

Sure he can. No disadvantage to your petition provided he can show enough income on the affidavit of support. The other answers depend on your situation. I'm assuming you are in the U.S., entered lawfully, and he is a citizen not permanent resident. If all of those things are true, then you submit the medical sealed. You cannot open the envelop! The doctor will seal the envelop. Provided the above conditions are true, you file everything at once. Do not waste time doing it one step at a time. If any one of the above criteria are not true, then the answers change! You should get a good lawyer.

This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.

Posted

It depends on what you mean by "helping his friend to petition her mom". Yes, you do include the medical exam. If your husband is a U.S. citizen, you can file both petitions together.

The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.

Posted

Yes, your USC husband CAN immediately sponsor his spouse, irregardless of whether he is acting as a co-sponsor in someone else's immigrant petition. If he will not have enough income to qualify as a sponsor in your petition, he himself will need to obtain a co-sponsor.
Yes, in a sealed envelope. The way we do it in my office is we staple the sealed medical form to the alien's G-325A Form.
No, if your spouse is a US citizen or even an LPR (until the end of this month) you submit BOTH concurrently (at the same time.)

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.

Posted

Jamie, your question is a little confusing. I am assuming that your husband will file a relative petition for you AND will be your financial sponsor. I am also assuming that your husband will be the financial sponsor for your friend (since he cannot file a relative petition for a friend's mom). If these assumptions are correct, then he is able to financially sponsor you and someone else IF the household income exceeds 125% of the 2013 poverty guideline. He will have to count up ALL the people for whom he filed an affidavit of sponsorship and all dependents (as listed on his federal income tax returns) and compare the income against the chart found here: http://www.uscis.gov/files/form/i-864.pdf

Please consult an immigration attorney. This does not constitute legal advice.

Posted

Yes

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