More details to this question:
My husband and I was married now for 8 years wanted to know what are some ways we can go about getting him a license and work permit and then on to green card. He came on a fiance visa but never returned after the lady that filed for him moved someone else in before he got here. Trying to see what steps we need to take.
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Short answer: You will need to consult with a lawyer experienced in US immigration matters. to handle this properly and with peace of mind for you and your husband.
Longer answer: Basically, the process is, you (USC spouse) file Form I-130 for your husband. When approved, he applies for an immigrant visa through the US Dept of State, and he files Form I-601A provisional waiver IF he is eligible. As you may be aware already, approval depends on proof of extreme hardship to you, his USC spouse. If he is eligible to file the I-601A, wait on the I-601A approval, then he will leave for his country to attend the immigrant visa interview at the US embassy or consulate in his country which is designated by USDOS for IV processing.
You may want to visit USCIS webpage, www.uscis.gov/forms to review the requirements for the Form I-130 filing and eligibility for Form I-601A.
You probably know your husband cannot "adjust status" (Form I-485 application to adjust status) in the USA because of the unfortunate turn of events, that his USC fiancee didn't follow through. (Her loss, your gain.)
Good luck to you both.
Answered on Apr 13th, 2016 at 4:22 PM