Edison, NJ Immigration Law Firms & Lawyers

In seeking immigration benefits, the burden of proof falls upon the applicant to convince U.S.C.I.S. by a preponderance of the evidence (over 50%) that what the applicant says is true. In your case, you may wish to start off with affidavits by reputable people in the community who know and can state the details of your residence in the US during that one year. Credit cards and bills in your own name would help. If you took out a library card or applied for anything else for which there is a record, that would also help. Finally if your family takes many pictures, dated photographs might be accepted. You, your daughter and her husband should go through all the stuff in your place to see if anything else can help. Due to the limitations of the Lawyers.com Forums, Alan Lee, Esq.'s (the "Firm") participation in responding to questions posted herein does not constitute legal advice, nor legal representation of the person or entity posting a question. No Attorney/Client relationship is or shall be construed to be created hereby. The information provided herein by the Firm is general, and requires that the poster obtain specific legal advice from an attorney. The poster shall not rely upon the information provided herein as legal advice nor as the basis for making any decisions of legal consequence.  

It sounds like you can file the I-130/I-485 and make a simultaneous filing. If you husband entered the U.S. without inspection then he may have to do a Provisional Waiver. There are many nuances to doing a case like this (especially if your husband is out of status). You may want to consider engaging a competent immigration law professional who would be able to assist you with regard to this matter.