QUESTION
How does my foreign husband change his status from visitor to resident?
Asked on Jan 19th, 2011 on Immigration - Florida
More details to this question:
My husband is from Egypt and has a visitor's visa. His father had a green card but passed away a year ago, he never did apply for a green card himself. We were married Oct 2010 and he returned back to Egypt for his job. He will be coming back again, and I would like to sponsor him for his greencard. We plan to live together in Washington State and he would like to get his work permit as quickly as possible to be able to work. I was told all we had to do was submit a request for change of status, but we want to do everything properly. Thank you!
3 ANSWERS
William C. Gosnell
After two years of marriage you can file an i -130, between now and October 2012 file for a work visa."
Answered on Jan 20th, 2011 at 6:43 PM
Immigration Law Attorney serving Costa Mesa, CA
Partner at
Law Offices of Louis M. Piscopo, APLC
2 Awards
I assume that you are a U.S. Citizen. If so you have to petition your husband by filing an I-130 petition. If he is not in the U.S. you can immigrant visa/consular processing which will take about 1 year. If he is in the U.S. he can file for adjustment of status (Form I-485) at the same time as the I-130 petition. It would take about 2-3 months for him to receive his work permit and 4-6 months to receive his Green Card. However, you have to be careful about your husband traveling to the U.S. on his visitor visa if you are U.S. citizen and file an petition or intend to petition him. He could have a problem at the border/airport if USCBP believes he is not coming to visit, but his coming to live in the U.S.
Answered on Jan 20th, 2011 at 5:13 PM
Contract Negotiations Attorney serving Miami Lakes, FL
at
Florido & Associates, P.A.
Update Your Profile
In your question you never explain if you are a United States Citizen.
You can petition for him upon him return assuming that your are indeed a Citizen.
Contact a license attorney to further discuss this matter.
Answered on Jan 20th, 2011 at 4:43 PM