QUESTION
Can my husband stay in the US while we are in the process of filing for his green card?
Asked on Jul 13th, 2014 on Immigration - Texas
More details to this question:
My husband is going to be visiting me soon from the UK. I am a US citizen and he is British. Can he stay past the 90 days if we are in the process of filing for him to get a green card? What steps should I take?
3 ANSWERS
Possibly but you have to be careful. He should not be entering the US on the visa waiver if his intent is to immigrate to the US as that is a clear misrepresentation of intent at the time of entry.
Answered on Jul 16th, 2014 at 8:40 AM
Technically, the correct answer is that he should not overstay his visa. And, if you've got a spousal petition in process, he may not have an easy time gaining entry, because of intent issues (the specific ones that motivated this question). Having said that, it is certainly not unheard of for a petitioner to remain in the US beyond his stay while a spousal petition is pending. You may just want to verify your options with an attorney, and know the consequences.
Answered on Jul 15th, 2014 at 8:20 AM
Bruce A. Coane
If I represent such a client, yes, they can always stay. You'd have to file all the forms , and I recommend doing so before his stay expires.
Answered on Jul 14th, 2014 at 2:58 PM