QUESTION
Can my husband stay legally if we file for an I-130 before his 6 month visit ends?
Asked on Oct 18th, 2013 on Immigration - Washington
More details to this question:
My foreign husband and I were married on April 1 of this year in Colombia. We were told by the notary that performed the ceremony that he should apply for a B2 visa and come to the US to visit. We applied thinking the visa would not be approved based on the fact that we were already married. They issued my husband a 10 year visa. He came to the US on June 5 and again thinking he had to return within 6 months, we bought a return plane ticket. We have now been told that we should file the I-130 and Adjustment of Status concurrently along with some other forms for employment, which we are in the process of completing. My salary is more than enough to sponsor him and we have done everything legally. My question is if we file before the end of November (the end of his 6 months visit), can he stay here legally? We are constantly worried about doing something that will have a negative effect on his future status here.
5 ANSWERS
You can do the concurrent filing but at least 90 days after he entered the US on the B-2 visa so that it does not look like misrepresentation of intent at the time of entry.
Answered on Oct 23rd, 2013 at 2:51 PM
Immigration and Naturalization Attorney serving San Diego, CA
Partner at
Feldman Feldman & Associates, PC
3 Awards
Are you a U.S. citizen or LPR? Do not rely on notaries for legal advice sounds like you were already given improper advice and the notaries has engaged in the unauthorized practice of law. Best to have your case assessed by a licensed immigration attorney.
Answered on Oct 21st, 2013 at 2:14 PM
3 Awards
Are you a USC? If you are a USC then he can file before this B visitor time runs out and he can stay while the green card is being processed. If you are NOT a USC, but you are a green card holder, then he may want to consider filing an extension of his visitor visa time in the U.S. There are several nuances to the query that you have asked and we highly recommend that you consider engaging a qualified immigration law professional to assist you.
Answered on Oct 21st, 2013 at 2:13 PM
Double check with an immigration lawyer to go over all the facts. But your husband should be able to stay here and adjust status.
Answered on Oct 21st, 2013 at 2:07 PM
Immigration & Naturalization Attorney serving Olympia, WA
at
Seifert Law Offices PLLC
Update Your Profile
You might be able to do that. But please get in touch with a licensed immigration attorney, and don't take any more advice from notaries and other people who do not know or care about your risks, liabilities and options?
Answered on Oct 21st, 2013 at 1:59 PM