Just married

[Frawn 0]

I am an American who just married an Australian. He came to America on a B1/B2 visa that expires Nov. 13.

Please advise! We need help! Thank you! We submitted the I-30 a few days ago.

[Chancy 6,243]

17 minutes ago, Frawn said:

I am an American who just married an Australian. He came to America on a B1/B2 visa that expires Nov. 13.

 

Are you and your husband ok with him not being able to work or exit/re-enter the US for around 6 months or more?  If so, he should file an I-485 as well, to adjust status while in the US.  If not, no further action required until I-130 approval, except that he should return to his home country before his I-94 expires.

 

[Frawn 0]

11 minutes ago, Chancy said:

 

Are you and your husband ok with him not being able to work or exit/re-enter the US for around 6 months or more?  If so, he should file an I-485 as well, to adjust status while in the US.  If not, no further action required until I-130 approval, except that he should return to his home country before his I-94 expires.

 

This is helpful! We are almost done filing the I-485 but how do we know he can stay or does he have to leave? Is is enough to have it in process or does he have to have a response before Nov. 13 that says he can stay

[Chancy 6,243]

1 minute ago, Frawn said:

We are almost done filing the I-485 but how do we know he can stay or does he have to leave? Is is enough to have it in process or does he have to have a response before Nov. 13 that says he can stay

 

Once USCIS receives a properly filed I-485, your husband will be in a period of authorized stay while his adjustment of status is pending.  His I-485 receipt notice (we call that NOA1 here on VJ) will serve as proof that he is authorized to stay.  Until he gets his NOA1 letter in the mail, he should maintain a low profile and keep all tracking receipts/notices about the I-485 package delivery.  After that, he should carry a copy of his NOA1 until he gets his work permit or green card.  By the way, I strongly recommend he files I-765 and I-131 with his I-485.

 

[Chancy 6,243]

*** Moved from IR1/CR1 Process & Procedures to AOS from Work/Student/Tourist Visas forum -- OP's spouse entered on tourist visa, soon to file I-485 ***

 

[SalishSea 18,137]

On 11/1/2021 at 9:02 AM, Frawn said:

This is helpful! We are almost done filing the I-485 but how do we know he can stay or does he have to leave? Is is enough to have it in process or does he have to have a response before Nov. 13 that says he can stay

If you file the paperwork correctly, he can stay, but he will be unable to travel or work for upwards of 8 months, while the EAD and AP is pending.   That is the drawback to doing it that way.

[Frawn 0]

2 hours ago, Jorgedig said:

If you file the paperwork correctly, he can stay, but he will be unable to travel or work for upwards of 8 months, while the EAD and AP is pending.   That is the drawback to doing it that way.

Is there any other way to do it?

[SalishSea 18,137]

Just now, Frawn said:

Is there any other way to do it?

You've chosen to marry and adjust status on a B visa.  There is currently an approximately two year wait for green cards issued from adjustment within the US.  By filing for concurrent advanced parole and employment authorization, he can work and travel.  That is taking around 8 months now.

 

You could do a CR-1, but he would have to return to Australia.  Spousal visa holders get a green card upon entry to the United States.