I have a family member who is in the process of obtaining a GC for her spouse. She’s a US citizen. (naturalization)
Although after looking over her paperwork I don’t know if she has filed correctly or missed a form.
When I filed for my husband, we filed I-130, I-485, I-131, I-765 and I-601(because he overstayed but had a legal entry).
Her attorney only filed I-130 which has been approved. But no other form. They have an appointment at Ciudad Juarez for a visa interview and they need to file DS-260, my concern is; isn’t that a tourist visa, he’s currently married and living in the US with his wife(US Citizen). Shouldn’t they have filed at least the I-765 application for permanent residence and I-601 waiver.(entry without inspection his case)
How would a visa be approved if he resided in the US and will not be migrating here since he resides here?