My husband wants to file for me...need advice.?

theking K

If the visa that you entered with is a visa that allowed to adjust a status, they after he's a citizen he could file for you and up to 3 months later you will have your SSN.

If you entered on a visa that does not allow to adjust a status - you have a problem. So consult an attorney, immigration attornies give 10-15 minutes phone consultation so you could know if you are allowed to adjust a status. If you can adjust a status then it's easy when your husband is a citizen. And no, having a US citizen child doesn't help.

egay

I suggest you wait until he becomes a citizen before applying for you. The process would be faster. If he files now that he is permanent resident and soon to become a citizen, it will be in a different category all together. A citizen can petition faster, a permanet resident will take longer.

The forms that he will need to download from the USCIS webpage are the following: I-485, I-130 and I-765.

A work permit will take two months at the least.

Remember, wait until he becomes a US citizen.

Vef & Jcg

Like they told you before... If you came illegaly,the only way is for you to go back =/ ... if you came with a visa and expires... then you guys can get marry and start the process... the child will help in investigation,lets say immigration is giving you interviews and see you two have a child together,then there will be no doubt you two arent marry for the wrong reasons...

Now as far as I know only a US citizen can make you a legal resident of the US...so if your husband is a permanent resident,he will have to become a US citizen first... =/

Ali A

If you entered without inspection, there's no way for you to legalize in the U.S. You'd need to return home and have your husband apply for a waiver of inadmissibility for you.

If you entered with inspection, it's still not possible for you to straightforwardly apply for a green card:

http://www.uscis.gov/files/article/B1eng.pdf

The normal route would be for you to be overseas and your LPR husband to file an I-30 for you. The above website notes however that you're NOT allowed to wait/work here until a visa number is available. In my opinion, your best bet is to get a lawyer to help you out.

Clare

I feel your pain. Seriously. I came here with my mom from England when I was 6 years old. I have tried to do everything in my power to get legal, paid the high fees, waited for a visa number for 9 years. Now I am 27, still unable to work, or get a drivers license. I grew up here too, so it makes it very painful to now be told that I may have to go back and file. I have been engaged for 5 years, so now the best route may be for my soon to be husband to file for me. I always knew that there had to be more people out there like me. People don't understand. It is really hurtful when your home is not your home, and you are treated like a criminal when you are not. We have concluded that a lawyer is a necessity, so that would be my advise to you. Don't risk filing something wrong, wasting lots of money, time, and possibly being denied. I wish that people could see that people are people, and we all deserve the right to live and pursue happiness. Especially when we were innocent children brought here. There should be some distinction. Oh, and we also have children together, the fact is that it doesn't matter. The laws are laws. You could also try an infopass, I went and it was very informative. Best of Luck to you:)

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