It depends on how your spouse entered; with or without a visa. The I-130 is an absolute but then the path can change depending on the manner of entry.
I agree with Mr Eichorn. The Key question is if he entered with a visa or without. Where is he from?
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I highly suggest consulting a lawyer to help you if you are unsure of what forms to file and whether or not to file the I-130 and I-485 together.
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I agree with my colleagues. The key issue is how your spouse entered the United States. Also very important is his entire immigration history, as well as any criminal history he might have. It's important to consult with an immigration attorney for the best chance of success, and to avoid potential problems.
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I agree with my colleagues. However, if he entered the United States with inspection, in addition to filing the I-130 and the I 485 you may also want to file the I 765 for the EAD at the same time. There would be no additional charge for that.
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