QUESTION
If my husband is here on a b1 visa and it runs out June 3, 2013, can he go home for 1 week and come back to the US?
Asked on May 01st, 2013 on Immigration - Nevada
9 ANSWERS
Most likely he will not be permitted to reenter the US after such a brief departure. If you want him to stay in the US and you are a US citizen, you can just petition for his permanent residence and he will be able to complete the process of getting the green card within the US.
Answered on May 02nd, 2013 at 3:25 PM
Immigration and Naturalization Attorney serving San Diego, CA
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Feldman Feldman & Associates, PC
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Before he goes home consult with an immigration attorney about alternatively changing his status to permanent residency first.
Answered on May 02nd, 2013 at 3:25 PM
Adebola O. Asekun
Assuming you are already married, if you wish for your husband to remain with you in the US you should file his green card for him as soon as possible. If done properly, he should get his green card before the end of the year. But he will have to remain in the US once you file the petition. If you do not, and he returns to his country at this time, he may be unable to return to the US with a B-2 visa. To be sure you are making the right decisions, speak to an experienced immigration lawyer
Answered on May 02nd, 2013 at 3:24 PM
If you are a citizen, you may petition for him to get a legal permanent resident status (if he and you want). Then he would not have to go back and forth.
Answered on May 02nd, 2013 at 3:24 PM
Immigration Attorney serving Van Nuys, CA
at
Law Offices of Hussain & Gutierrez
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If he still has a B1 visa he could do that. However, in his return they could question him as to why he is back so soon and what his plans are. If he is ready to live here, he is eligible to file for Green Card here through marriage to you with out leaving the country.
Answered on May 02nd, 2013 at 3:23 PM
It depends when you guys got married. Also, if he wants to use B1/2 to come and live with you in the US, he might be denied entry. I suggest you guys meet with an attorney before he leaves the country. Maybe it's time to apply for his green card.
Answered on May 02nd, 2013 at 3:23 PM
Why aren't you filing for a green card for him while he is here in the US? He may not be able to keep coming back here on his B-1 unless he does not want a green card now and can persuade Immigration that even though he is married to a US citizen, he only wants to come to the US for business.
Answered on May 02nd, 2013 at 3:23 PM
It is unlikely they would allow your husband to return on Visitor status right after it expires, especially since he is married to a US Citizen. Do you intend to apply for his permanent residence? This would allow him to live in the US with you and your family on a permanent basis. The primarily form for this application is the I-130, Petition for an alien relative. There are also other forms that are required, and the process will depend on whether your husband is in the US when he files, or if he is abroad. To go over your options in more detail, I would highly recommend meeting with an immigration attorney in your area.
Answered on May 02nd, 2013 at 3:23 PM
Robert E. West
Unlikely, why don't you process the marriage papers now?
Answered on May 02nd, 2013 at 3:22 PM