QUESTION
Can my husband file adjustment of status here in the US or should he file from his country?
Asked on Mar 31st, 2013 on Immigration - Colorado
More details to this question:
I am preparing I-130 for my husband. He is on B1/B2 visa. We got married in November 2012. We went back to Pakistan then came again. He can stay until September 2013. He will go back to his country and will be back after 3 months. Can he file adjustment of status here in the United States? Or should he file from his country?
4 ANSWERS
If he files it while he is here, he needs to stay for about 3 months after that in order to get the advance parole travel document. He cannot travel with a visitor's visa once he has filed for adjustment of status.
Answered on Apr 10th, 2013 at 8:30 PM
If your husband already in the US, I suggest he files for AOS. If he returns to his home country he will need to file for an Immigrant visa.
Answered on Apr 01st, 2013 at 10:13 PM
Immigration Attorney serving Arlington, TX
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Law Office of Pho Ethan Tran, PLLC
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As long as he entered the country as a visitor with a B1/B2 visa, he is eligible to apply for adjustment inside the US if he is married to a US citizen. The I-130 and I-485 should be filed concurrently. However, if he had the preconceived intent to remain in the US permanently when he entered with his visitor visa, he may be found inadmissible for having committed visa fraud.
Answered on Apr 01st, 2013 at 9:22 PM
Real Estate Attorney serving Frisco, CO
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He can file for adjustment at the same time you file the I-130, but if he wants to leave the US before it is approved, he should also apply for advance parole.
Answered on Apr 01st, 2013 at 9:11 PM