Q: married to a resident but his green card is expired can i apply for I 130

A: Usually, a renewal receipt along with a copy of the green card may suffice. However, there could be certain technicalities and explanations involved. It is recommended to consult with an attorney for guidance.

A: Yes, your permanent resident spouse can file a petition for you, even if their green card has expired. They do not have to renew their green card first.

Be aware that USCIS may later request evidence of their lawful immigration status. It is advisable that while the I-130 is filed, that your spouse renew their green card or consider applying for naturalization if they are eligible.

A: If your spouse is a lawful permanent resident (green card holder) and their green card has expired, it is generally advisable to renew their green card before filing an I-130 petition for you as the spouse. Having an expired green card could potentially complicate the immigration process, and it's essential to ensure that your spouse's immigration status is in order.

Renewing the green card demonstrates your spouse's ongoing legal status and commitment to maintaining their lawful permanent residency. Once the green card is renewed, you can proceed with the I-130 petition as a spouse of a lawful permanent resident. However, if your spouse's green card has already expired, it's important to address that issue promptly to avoid any potential immigration complications.

Consult with an immigration attorney to guide you through the process and ensure that you follow the correct steps to establish and maintain your lawful immigration status as a spouse of a green card holder under California law. They can provide you with specific advice tailored to your situation and help you navigate the immigration process effectively.