Change of status for husband while in America [merged threads]

[Chancy 6,243]

16 hours ago, Andie R said:

We will be adjusting his status based on his marriage to me.

 

In that case, no need for I-140.  The petition form that you need to submit is I-130.  Both forms I-864 and I-944 are also required.  Please review @HRQX's post in your previous thread, for a summary of what you and your husband need to submit in the AOS package --

 

 

[SalishSea 18,106]

14 hours ago, Andie R said:

If I have evidence of my health is it wise to submit them with my paperwork ?

 

For what reason?  He still as to adjust status, no real cutting in line in this situation.

[Coco8 1,042]

Just to clarify, the other sponsor would be a "financial sponsor". You are the main sponsor for his GC because he is your husband. If your income/financial assets are not enough to support two people, then you will need a co-sponsor/joint sponsor. USCIS has a threshold for deciding whether your assets, income, etc. are above the poverty line or not. 

 

I'm saying this because I'm not sure it was clear before. 

[Unlockable 7,315]

*** Two more threads by the OP merged.

 

VJ Moderation

[Andie R 0]

On 2/8/2021 at 7:56 PM, ra0010 said:

You ARE the primary Sponsor whether you’re working or not. So you fill out i864, and your joint sponsor does so too. I- 130 is yours.

 

He is not. Read this: 

Q. Who is subject to the public charge inadmissibility ground? 

A. Unless specifically exempted by Congress, aliens seeking immigrant or nonimmigrant visas abroad; aliens seeking admission to the United States on immigrant or nonimmigrant visas; and aliens seeking to adjust their status to that of a lawful permanent resident from within the United States are subject to the public charge ground of inadmissibility.  

While most lawful permanent residents are not subject to inadmissibility determinations, including public charge inadmissibility, upon their return from a trip abroad, some lawful permanent residents can be subject to the public charge ground of inadmissibility because specific circumstances dictate that they be considered applicants for admission.  

some people that have assets and hefty savings can. But it doesn’t seem to be your case. not really. In fact it can be regarded as a red flag in the sense that it can be seen that you want to marry him just to be your caregiver. And also, whether it’s unpaid and out of love, USCIS can interpret that as work. Big no no.

 

On 2/9/2021 at 1:02 AM, Chancy said:

 

In that case, no need for I-140.  The petition form that you need to submit is I-130.  Both forms I-864 and I-944 are also required.  Please review @HRQX's post in your previous thread, for a summary of what you and your husband need to submit in the AOS package --

 

 

Now we are scared his papers might not make it to the USCIS by the time his visa expiration is up for his adjustment of status. Should we apply for an extension on his visa in case of delays in mailing?

[HRQX 4,145]

1 hour ago, Andie R said:

Should we apply for an extension on his visa in case of delays in mailing?

No. Since you are a US Citizen, extension not needed: https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8

Immediate Relatives

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21. ^[2] 

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;

• The applicant is not in lawful immigration status on the date he or she files the adjustment application;

• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;

• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;

• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or

• The applicant has ever violated the terms of his or her nonimmigrant status.

[Rocio0010 5,616]

3 hours ago, Andie R said:

 

Now we are scared his papers might not make it to the USCIS by the time his visa expiration is up for his adjustment of status. Should we apply for an extension on his visa in case of delays in mailing?

No, no need for an extension because you are a USC, and overstays for spouses of USC are Forgiven. Plus, in order for him to apply for a visa extension he’d have to do it an an embassy abroad, and he wouldn’t be able to leave the country without his advance parole while he’s adjusting status 

[HRQX 4,145]

10 minutes ago, ra0010 said:

Plus, in order for him to apply for a visa extension he’d have to do it an an embassy abroad

Note that OP was asking about EOS (presumably via online filing; don't need to leave for that) https://www.uscis.gov/i-539

 

Either way, extension is not necessary.

Edited February 24, 2021 by HRQX