Legal Question in Immigration Law in California

i-824 or i-130????

i'm a nurse from the philippines, came here in 02 under h1 visa, filed my i140 and i485 the same yr. i married my spouse in 2004 while my adjustment is still pending..last week my adjustment approved, can i petition my husband using i824? or i130? how long will i wait if i apply for i-824??? please advice..


Asked on 6/26/07, 11:47 am

2 Answers from Attorneys
Amy Ghosh Law Offices of Amy Ghosh

Re: i-824 or i-130????

You can do I-824 for if he is back home. If he is here you can only do I-430...he is not eligible to fight i-485 right now.

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Answered on 6/27/07, 9:56 am
Baoqin Wang Law Office of Baoqin Wang

Re: i-824 or i-130????

If your husband is in the US, then he can file I-485. If not, then you have to file I-824 for him to do the visa processing.

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Answered on 6/26/07, 11:59 am


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