You start the process by filing an I-130 visa petition. If your husband is in the U.S. legally, he can file an application to adjust status at the same time. I suggest you speak with an immigration attorney, as the forms are not explained very well online.

Answer Applies to: Colorado
Replied: 10/18/2011

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There is really no simple answer to this question. Are you a U.S. citizen or do you have a green card yourself? Is your husband currently in the U.S. or outside the U.S.? If he is already in the U.S., is he here legally? Depending on your circumstances, you may file a marriage-based petition for your spouse or applying may actually create problems for him. Consult an immigration lawyer to review your case before you file.

Answer Applies to: Minnesota
Replied: 10/15/2011

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File the I-130 relative petition and the supporting forms and your husband files the I-485 adjustment of status and supporting forms.

Answer Applies to: Texas
Replied: 10/14/2011

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It depends upon how your husband entered the U.S. and if you are a US citizen. If you are a USC and your husband entered with a visa and has overstayed or the time period for the stay has not expired, such as a F-1 student visa which is good for duration of his status as student, then he may adjust status through the filing of a I-130 and I-485. If he entered illegally, you can file a I-130 and after hoped-for approval, he will go through visa processing at National Visa Center, then get interview at US consulate in his home country and then seek extreme hardship waiver. Either way, you should hire an immigration attorney to represent you.

Answer Applies to: Tennessee
Replied: 10/14/2011

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That depends on whether you are a citizen or resident and depends on whether your husband entered legally or illegally. I would need more information to determine the best course of action.

Answer Applies to: Colorado
Replied: 10/14/2011

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You must file an I-130 Immigrant Petition for Relative. The form and instructions can be found at www.uscis.gov. Your husband would have to file an application for a green card. However, you may want to consider retaining an attorney to assist you with this matter to ensure your husband is eligible to receive a green card.

Answer Applies to: New York
Replied: 10/14/2011

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First you have to determine if he qualifies. The easiest way is to speak with and hire an immigration attorney.

Answer Applies to: New York
Replied: 10/13/2011

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you can always file I-130 with the USCIS. Whether he can file I-485 to adjust his status(assuming he is in the US) or not will depend on if he entered the US legally(overstaying his visa is OK). If not he may be ineligible for adjust status and he may have to leave the US, possibly subject to 10 year bar. Please consult with an immigration lawyer.

Answer Applies to: California
Replied: 10/13/2011

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You need to wait until you are 21.

Answer Applies to: Florida
Replied: 10/13/2011

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