It is possible for your husband to remain in the United States and apply for adjustment of status through 245(i); however, it will depend on the circumstances of his prior marriage and his immigration history. If his ex-wife's I-130 petition was not fully adjudicated, to remain eligible for 245(i), he must submit sufficient evidence to establish that the prior petition was approvable when it was filed with USCIS. The evidence can include, but is not limited to, proof of cohabitation, joint bank statements, joint health insurance, joint lease agreements, joint tax returns, photos, affidavits, birth certificates of any children born from the relationship, etc.
Answered on Jun 06th, 2014 at 5:43 PM