Immigration Issues/Application for my spouse
Hi Hung Viet,
Thank you in advance! I recently got married. My husband have Chinese passport, and he entered the US through a student visa 10 years ago. Now the visa have expired. He is still currently in the US. I want to apply for green card status for him. Do I need to apply the form I-130 or form I-485? What requirements do I need to meet? Thank you! We are on a budget so I am trying to do this myself instead of hiring an attorney which can be very costly for me.
You have to file both forms I-130 and I-585. If you are a US citizen, you can submit both forms concurrently.
If you are a US permanent resident, you can only submit I-130 first. When a visa number is available for your husband, then you submit I-485. He has to maintain his status in the USA until availability of his visa number.
In order to file I-130 and I-485 for your husband, you have to get married to him.
You can visit http://www.immihelp.com/greencard/adjustmentofstatus/application.html
for more information.