QUESTION

Leaving country, delaying to file i-485

Asked on Jun 01st, 2015 on Immigration - Ohio
More details to this question:
I was going to sponsor my spouse via the I-485 & I-864 forms but cannot afford to go through with it at this time. My spouse and I have been married three years in the US and have been together for six years. We were approved with the I-130 last year but so far I am not in the position at this time to become a viable sponsor. My question is: he has a job waiting for him back in his country and a place to live stably, and can afford to help me here via his job, if he leaves the US and forgoes applying for status change, will he still be able to visit me here or will he be stopped and questioned upon port entry and possibly be denied? He has lived with me three years prior to our marriage and spent six months at a time with me during each of those three years.
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1 ANSWER

U.S. Immigration and Nationality Law Attorney serving San Diego, CA
Partner at Kazmi & Sakata
1 Award
Hi. This will depend on his current status. Is he in valid visa status? What visa does he have? That said, yes, he can still be stopped on visiting his US spouse. Since he does not a have a green card, they may deny his tourist visa entry. 
Answered on Jun 01st, 2015 at 2:00 PM

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