You simply cannot afford not to hire a LOCAL immigration lawyer with this. If you are confused with 2 relatively simple questions, imagine all the rest, and I don't mean just the I-130.. Your husband's situation is a real mess, and you won't make it without professional guidance and assistance.
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.
Your question is not entirely clear. You should never put false information on any forms, and no ethical lawyer would advise you to do so. You should consider talking with a qualified immigration attorney about the particular facts of your case. If you cannot afford an attorney, there are many non-profit organizations that could better assist you in person. You can find one in your area here: http://www.immigrationadvocates.org/nonprofit/legaldirectory/
The above information does not constitute legal advice, and is intended only as general information. You should speak with an attorney to discuss your individual case, as not all facts are known at this time.
I agree with my colleagues. You need to get a lawyer to take you through this. I would start by asking you a number of questions to determine if your husband is even eligible for a green card. He may not be.
Andrew M. Bramante, Rosner Partners, 216-771-5588. Free telephone consultation. You should always consult with an experienced immigration attorney to make certain that the advice you received is appropriate for your particular immigration case.