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

[OldUser 6,602]

3 minutes ago, Carolina0226 said:

No, I am a Green Card holder since 2017.

Green Card holder and US citizen are two different things. It looks like you may be eligible to apply for US citizenship. But until you become, he cannot stay here to adjust status.

[powerpuff 6,675]

1 hour ago, Demise said:

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.

My impression was that maintaining status is important during AOS through a GC holder. If for some reason I-485 is denied and their status was not maintained then they would enter unauthorized presence which would not be forgiven as the spouse is not a US citizen.  I still think that’s a big risk; better safe than sorry . But yes, moot point, spouse will have to go through the process abroad

[SalishSea 17,801]

57 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!

Again, your understanding is incorrect.   Your husband is applying for a VISA, not a green card.   He will not use that form at all.

 

You may be one of the few who would benefit from the help of a lawyer for this otherwise straightforward case.    Going into this without an understanding of the process can really cause pitfalls.

Edited December 4, 2022 by Jorgedig

[Demise 1,277]

47 minutes ago, Carolina0226 said:

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

I-485, I-765, I-131, and I-693 are not applicable in this case of consular processing.

 

You will file I-130 and I-130A, wait for approval on the I-130, wait for USCIS to pass the approved I-130 to National Visa Center, which then will pass it it to the consulate abroad. Then you or your spouse will get a letter from DOS to file DS-260 and I-864 with the Department of State. For medical it has to be done abroad by a panel physician that's authorized by the consulate to perform these. I have no idea what form they use for it. Then your spouse will get their consular interview date, attend it, get his F21 visa, then he gets onto a plane, comes to US, and will be a permanent resident as soon as he gets through customs.

 

So basically for now, just file I-130 and I-130A and everything else will come later.

Edited December 4, 2022 by Demise

[Pinkrlion 2,715]

I don't think that you can do this DIY, maybe you need to consult with an attorney or get help from your friends.

[Lil bear 4,181]

@Carolina0226

 

Take a few minutes to read through the USCIS info on the link below. The only process open to you and your spouse is the Consular Processing. Forget all the info you thought you knew.. start reading with an cleared head .. and understand the process. It is not difficult and definitely usually DIY.. but understanding and clarity is needed first 

 

https://www.uscis.gov/green-card/green-card-processes-and-procedures

[TBoneTX 45,244]

Carolina, no need to consult a lawyer.  One of our VJ Partners comes very well-recommended:

https://www.visajourney.com/partners/platinum-immigration-services/

 

They'll contact you promptly.

 

Disclaimer:  I have no conflict of interest in suggesting the above resource.