Can my husband stay in the country while I start applying for his Visa?

[Lil bear 4,181]

4 hours ago, powerpuff said:

Status must remain valid the whole time the AOS is processing and approved… not just until the AOS is submitted 

Edited December 4, 2022 by Lil bear
Oops. Replied to the wrong post but answer stands

[Lil bear 4,181]

6 hours ago, Carolina0226 said:

Even if his I-485 gets approved before his allowed time in the country expires?

It wont. 

Edited December 4, 2022 by Lil bear

[Carolina0226 1]

On 12/3/2022 at 11:56 PM, Demise said:

Why not? B-2s can AOS assuming their period of admission is still valid and F2A is current (which it is). If he entered on a ESTA/VWP then yeah I'd agree with you because 245(c)(4) prohibits that for F2As. If he were to overstay before filing then 245(c)(2) would prevent adjustment as an F2A. I also don't smell any "entry on tourist visa with intent to adjust" here either because we wouldn't be having this thread of "hey, is this possible to do".

 

So presuming he is still in valid B-2 they could file the whole AOS package (I-130, I-130A, I-485, I-765, I-131, I-864, and I-693) and adjust in US. Pending I-485 will put him into period of authorized stay while that's being processed, the only caveat is that he'll be unable to leave until at very least the I-131 for advance parole is approved. The important thing is that it gets to USCIS while hisT period of admission (as per his I-94 and/or admission stamp) is still valid.

 

@TBoneTX care to explain what's up? I see @dwheels76 talk about an overstay but OP neither said that nor affirmed it. I don't see any other blocks, so what the 8***?

Thank you so much for your input!
As a side question, do I need to file the I-693 after we have a date for our interview or is it advised to file seven forms at once?
 

Edited December 5, 2022 by Ontarkie
edited quoted part for language

[Carolina0226 1]

31 minutes ago, Demise said:

Actually OP I have one question for you - where is your husband in right now. Is he in the United States on his B-2 or is he in his home country right now?

He just left today back to our home country (he did not overstay). Hence I got desperate and overwhelmed with the steps for his Visa.

 

We are wondering if I should just complete the 130, 130a, 485, 765, and two separate 864 (as we have a joint sponsor) while he is there, or... If I should wait until he comes back in 4-5 months.

 

[Demise 1,277]

8 minutes ago, Carolina0226 said:

He just left today back to our home country (he did not overstay). Hence I got desperate and overwhelmed with the steps for his Visa.

 

We are wondering if I should just complete the 130, 130a, 485, 765, and two separate 864 (as we have a joint sponsor) while he is there, or... If I should wait until he comes back in 4-5 months.

 

Ah okay so here's the issue. Considering that he's abroad the best option would be to file I-130 and I-130A alone right now, wait for them to be approved, then wait for NVC to get it and forward it to the relevant consulate, have him file DS-260 and you file I-864, and do his medical examination in his home country (not sure what form is used for that if any), get his interview date with a consulate abroad, get his immigrant visa, and come back to US as a permanent resident.

 

If he was still in US I'd totally say: go ahead and file for AOS, but now since he left and you know that adjustment from B-2 is an option, him coming back on B-2 with the intent to adjust would constitute immigration fraud, so don't do that, you can really screw up a lot of things if you get caught, he will likely get slapped with a permanent bar for fraud. So yeah, do it right and do the consular process.

Edited December 4, 2022 by Demise

[powerpuff 6,677]

5 hours ago, Demise said:

Why not? B-2s can AOS assuming their period of admission is still valid and F2A is current (which it is). If h

 

I’m well aware of that. However, B2 does not have a long authorized stay. Let’s assume he was given 6 months. First, I very well doubt this was being asked at the very beginning of the 6 months so he probably had less than that. In majority of cases nationwide, AOS takes a year+. It would have to be approved in very few short months in this case. What are the chances of that? And it would require OP to fork out $1775 (plus a medical exam) for this gamble. Not to mention that if he does end up staying the whole 6 months while waiting for  this to happen and it doesn’t pan out, CBP would probably question him on his next entry. Hence, in my view, AOS is a no go and consular processing is the only feasible and realistic option. 
 

 

Edited December 4, 2022 by powerpuff

[Crazy Cat 41,806]

8 hours ago, Carolina0226 said:

He just left today back to our home country (he did not overstay). Hence I got desperate and overwhelmed with the steps for his Visa.

 

We are wondering if I should just complete the 130, 130a, 485, 765, and two separate 864 (as we have a joint sponsor) while he is there, or... If I should wait until he comes back in 4-5 months.

 

File the I-130 and I-130a.  The I-485, I-765, and I-131 are not applicable since he has left the US. 

Edited December 4, 2022 by Crazy Cat

[Demise 1,277]

7 hours ago, powerpuff said:

 

I’m well aware of that. However, B2 does not have a long authorized stay. Let’s assume he was given 6 months. First, I very well doubt this was being asked at the very beginning of the 6 months so he probably had less than that. In majority of cases nationwide, AOS takes a year+. It would have to be approved in very few short months in this case. What are the chances of that? And it would require OP to fork out $1775 (plus a medical exam) for this gamble. Not to mention that if he does end up staying the whole 6 months while waiting for  this to happen and it doesn’t pan out, CBP would probably question him on his next entry. Hence, in my view, AOS is a no go and consular processing is the only feasible and realistic option. 
 

 

No, it wouldn't have to, the only requirement is that you're in valid status on the day USCIS gets your AOS forms. Once that happens USCIS puts you into a period of authorized stay and your underlying status can expire and you no longer have to abide by it and get to remain in US by the virtue of pending I-485. E.g. an F-1 can just drop out of college once their AOS is accepted.

 

Still, moot point because OP's husband is abroad so consular would be the right thing to do. Just letting you know that you misunderstand how AOS works in general.

Edited December 4, 2022 by Demise

[Carolina0226 1]

4 hours ago, Crazy Cat said:

File the I-130 and I-130a.  The I-485, I-765, and I-131 are not applicable since he has left the US. 

So the process would take as the following:

1) I-130 and I-130a (while he is outside of the US)

2) Following approval I file the I-485, I-765, I-131, and I-693 (it is crucial that he is not in the country while I send form I-485, or it would be considered fraud. Moreover, do I complete and send the I-693 along everything in step #2?)

3) Interview?

 

EDIT: I am truly grateful for all the helpful answers, this is helping understanding a bit more the required steps for this process.

Edited December 4, 2022 by Carolina0226
Organizing thought process

[SalishSea 17,801]

1 minute ago, Carolina0226 said:

So the 485, 765, and 131 forms would be applicable once he returns to the US as tourist to visit me? What about the medical form (I-693)? Would it be along with the remaining ones?

NO.   He CANNOT come back as a tourist and adjust status!   That’s fraud!

 

You need to carefully read through this thread and website.   He will be applying for an immigrant visa at an overseas consulate.   It will take around two years.   During that time, he can visit if allowed in by CBP.   He CANNOT adjust status/move here through the B2.

[Carolina0226 1]

3 minutes ago, Jorgedig said:

NO.   He CANNOT come back as a tourist and adjust status!   That’s fraud!

 

You need to carefully read through this thread and website.   He will be applying for an immigrant visa at an overseas consulate.   It will take around two years.   During that time, he can visit if allowed in by CBP.   He CANNOT adjust status/move here through the B2.

I see. So from my understanding it would be better to also complete and send the I-485 while he is not in the country. Thank you!

[OldUser 6,603]

6 minutes ago, Carolina0226 said:

I see. So from my understanding it would be better to also complete and send the I-485 while he is not in the country. Thank you!

I-485 can only be filed if he could adjust status in the US, but he cannot.

He is going to apply for an immigrant visa via consular processing route. For that route I-485 is not needed. Consider hiring a lawyer if this is confusing or too complex. By the looks of it, you can make a lot of mistakes, which will cause huge delays or denial.

Edited December 4, 2022 by OldUser

[Carolina0226 1]

2 minutes ago, OldUser said:

I-485 can only be filed if he could adjust status in the US, but he cannot

Under which circumstances would the I-485 applicable? I am not insisting that I should, I am just confused.

[Pinkrlion 2,715]

2 minutes ago, Carolina0226 said:

Under which circumstances would the I-485 applicable? I am not insisting that I should, I am just confused.

After you become a US Citizen

[Carolina0226 1]

4 minutes ago, Pinkrlion said:

After you become a US Citizen

No, I am a Green Card holder since 2017.