Maybe I didn't make my question clear. (Sorry) Let me attempt it again. Me and my boyfriend have been together for 3 years we recently had a daughter. We both live here in Las Vegas, NV; he has a case pending under 245i. His brother is sponsoring him since the law came into effect. We are planning on getting married and would like to know if I can also sponsor him, does he amend his application, or is it illegal to have 2 applications submitted to immigration? I'm asking because we both don't know what to do, I'm not all up to date on the immigration buzz.
2007-03-16 18:35:30 · 5 answers · asked by Lorena G 1 in Politics & Government ➔ Immigration
Once you're married, you can file a petition for him. He will be able to get his green card through you much faster than through his brother. And because his brother filed the petition for him under 245i, he is "grandfathered in" under his brother's petition.
He does not need to do anything with his brother's file, but he will have to submit proof of that filing to show immigration that he qualifies under 245i.
Good luck!
2007-03-17 02:24:36 · answer #1 · answered by duh 2 · 0⤊ 0⤋
Contact an Immigration lawyer. I think ( I am not sure 100%) that if you plan to file for him, it will be a fresh application and his brother will have to withdraw his petition. Contact a lawyer because they know the practicality of this. What the law says is one thing but how Immigration officials interprete it in practise is quite another.
Also, one concern will be the time it will take for a fresh petition to pass through all the stages.
2007-03-17 01:48:54 · answer #2 · answered by Tip Top 2 · 0⤊ 0⤋
I have been thru this and it is much better if you and his brother combine your sponsorship as 2 applications will no doubt get the embassy people all screwed up and by both of you sponsoring him it will make for a stronge case as immigration is highly concerned that people who come here and become a ward of the state, also if you marry now it wil also make it better , you should check with a immigration lawyer who specializes in immigration law, it is not expensive and it no doubt will be very much help, and save a lot of time
I do hope this helps, good luck
2007-03-17 01:45:53 · answer #3 · answered by Anonymous · 0⤊ 2⤋
Yes, you can do that. It's fine. It's done often due to long waiting periods and the possibility that a petitioner might die before the visa is issued. When that happens there are other petitions pending so no time is lost.
2007-03-17 01:51:13 · answer #4 · answered by Yak Rider 7 · 0⤊ 0⤋
You poor girl, i hope with all my heart that the INS helps you, my wife is Mexican and the INS have been cruel to us for more than 6 years and she still lives in Mexico city, and I'm a real American citizen just like you, the INS people are animals, don't question that for a moment, pure trash and that all, anyone that would put little kids and family's out to suffer should be made to suffer as well.
2007-03-17 02:01:39 · answer #5 · answered by JALISCO 2 · 0⤊ 3⤋