I-130 Requirments & Eligibility

[Concerned20]

What is the name of your state? WA
I was doing some research, can I file the I-130 form by its self or do I have to file it with the I-485

Eligibility:, am I eligible to file the I-130 and adjust my status if I'm out of status/visa overstay? But with lawful entry.

Requirments: if I'm filing the I-130 form by its self then adjust my status months later if eligible, do I still have to file I-864 form if I'm filing I-130 only?

I-130: Through Marriage to A US Citizen

And do anyone know how can I get the records of my boarding pass from an airline?

 

[ImmigAttyLana]

As long as you entered the US lawfully, even if you have since overstayed, you are eligible for the one-step I-130/I-485. However, you have to be able to prove/document your lawful entry through the I-94 card. If you do not have it, you should try to obtain a duplicate from the USCIS. The I-864 is only needed if you are filing the I-130/I-485 together. But if you are just filing the I-130, it is not needed at the initial stage. I don't know why you'd only do the I-130 since it by itself does not grant you any type of status or protection in terms of immigration.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

Ok I filed the I-102 two months ago that case is still pending, the reason I want to file only the I-130 now is because I don't know if my wife is eligible to sponser me yet,and the fees are going up soon by 66% so while we're waitin, I just want to get that 1 step out of the way for now and save money, until she's eligible to sponser me.

 

[ImmigAttyLana]

Do you not have a co-sponsor you can secure in any event? YOu should just get a co-sponsor (if there is a relative, for instance) and just file the entire petition all at once.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

There is no co-sponser right now,I have no one to co-sponser me.no one makes enough money to do that for me. Ok lana?
Can u tell me if my wife is eligible to sponser me with out a co-sponser.
Her last adjusted income was $9000 for 2006, since Dec 2006 she was promoted 2 asst. manager to current
She makes $10.50 hr, 40+ hrs a week time that by 52 weeks in a year and this is a full time permanent job,she's been a manager for 6-7mos now. So her next yearly income for 2007 would be 14-15k a yr after tax and 19-20k before tax.

And another thing,is there a way I could get in contact with a specific airline to get my boarding pass records for my last lawful entry?

 

[ImmigAttyLana]

Yes, she might be able to qualify as a sponsor. If you are also working, you can qualify as a "co-sponsor" of your own petition. YOu might still be asked to provide a co-sponsor before the interview, however, if the USCIS does not deem this to be sufficient. It's a little surprising to think that you don't know anyone or your wife does not know anyone who can help out with the sponsorship. Does she not have parents or siblings or aunt/uncle, cousins, etc whose income would be sufficient?

As for getting a boarding pass from the airline, I am not sure whether this is possible but you should contact the specific airline and inquire.

Please let me know if you have any additional questions or how I can be of further assistance to you in this matter.

 

[Concerned20]

This a small family,the only person who's makes enough money is her uncle,but he just quit his job and broke his leg,so he's filing un employment,her grandma is filing social security, and her mom makes sufficient to sponser me, but her checks get garnish due to she ow,she has bad credit,she has a felony charge,and is paying restitutions,but she still make over 30k yrly. So do u think USCIS is going to check her background and deny my petition?

And I called american airlines .They told me they only keep records for 24months, and I've been here for 36 1/2 months,so can I tell USCIS that I recommend a copy of my lawful entry but its been over 2years so its not in the flight records?

 

[ImmigAttyLana]

I would try the mother-in-law as the co-sponsor. Her record is not an issue in this type of case just her ability to show the adequate level of income.

Why do you need a boarding pass if you have already applied for a duplicate I-94 record? Do you have other evidence of your lawful entry such as you passport stamp, airline ticket, receipts, etc?

 

[Concerned20]

Ok thank,my wife was worried about that,she don't want me to get into no big situations with her moms background

And sorry I didn't meant boarding pass I meant my airline ticket, and the ticket was an electronic ticket, and it was payed for in the US,while I was abroad,I called my aunt who purchased it,she said the cc company don't keep records of purchases dat long ago.because the airline told me to contact the cc company which it was purchase.
But I have the admission stamp and that's it and the reciept from the I-102