Legal Question in Immigration Law in Texas

Hello,

Both, my fiance and I hold H1B visas. He already applied for his green card. His I-140 has been approved and he filed for his I-485 two years ago. As his wife I understand I will be eligible to apply for my green card. I did some research and this is what I think I have to file:

G-385 (his and mine)

I-485

I-130

My question is: I don't see on any of this forms how to explain that he is not yet a lawful permanent resident but yet, that I am eligible.

Please advice!

Thanks.

Adhara


Asked on 8/17/09, 1:42 pm

1 Answer from Attorneys
Luba Smal Smal Immigration Law Office

That's not correct. Form I-130 is not appropriate for you since your husband cannot petition for you yet.

I suggest you talk to your husband's attorney (the one who filed his I-485). They should be able to assist you and add you to his pending case.

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Answered on 8/17/09, 2:56 pm


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