Spouse of an lpr with a b1/ b2 visa

[Bizzychic 0]

Help urgently needed! I am an lpr who just stayed a year in u.s. However, my husband came through b1/ b2 visa and has two months for expiration of his visa. I recently gave birth with a three months old baby who is a citizen. My question is can I file paperwork for my husband without him leaving the u.s for consular processing. Can he adjust status within the u.s if I file for him now

Edited July 15, 2018 by Bizzychic

[aleful 1,905]

hi

no, spouses of residents don't qualify to adjust status, the process takes 2 years, so he has to return to his country and go through consular processing.

 

you should have filed for him as soon as you got here

 

 

[KazuriSana 324]

Green Card for Family Members of a Permanent Resident

To promote family unity, immigration law allows lawful permanent residents of the United States (Green Card holders or LPRs) to petition for certain eligible family members to obtain immigrant visas to come and live permanently in the United States or to adjust their status to LPRs if they are currently living in the United States.

 

I am wondering what the above is about. However, it could be IF the relative is somehow able to maintain legal status in another manner, such as F1, during the wait for a visa to be available.

[Bizzychic 0]

12 minutes ago, aleful said:

hi

no, spouses of residents don't qualify to adjust status, the process takes 2 years, so he has to return to his country and go through consular processing.

 

you should have filed for him as soon as you got here

 

Thanks for your information. Do I need to legalize the marriage with him before he goes back on u.s soil since we only had our cultural marriage with no evidence to back it.

[aleful 1,905]

did you have a civil marriage? if not then you might not be considered married. was it registered and have a marriage certificate?

 

 

[Bizzychic 0]

7 minutes ago, aleful said:

did you have a civil marriage? if not then you might not be considered married. was it registered and have a marriage certificate?

 

 

No it wasn't registered. I don't have a marriage certificate to support it.  Can we document our union before he goes back

[aleful 1,905]

37 minutes ago, BlessedAssurance said:

Green Card for Family Members of a Permanent Resident

To promote family unity, immigration law allows lawful permanent residents of the United States (Green Card holders or LPRs) to petition for certain eligible family members to obtain immigrant visas to come and live permanently in the United States or to adjust their status to LPRs if they are currently living in the United States.

 

I am wondering what the above is about. However, it could be IF the relative is somehow able to maintain legal status in another manner, such as F1, during the wait for a visa to be available.

yes there are some exceptions, if the spouse or minor child of a resident are here on a student visa or on a work visa that will allow for them to be legal for years during the process

 

but that is not the norm and it's not the OP's case, that he came on a tourist visa.

[Roel 7,191]

1 hour ago, Bizzychic said:

Help urgently needed! I am an lpr who just stayed a year in u.s. However, my husband came through b1/ b2 visa and has two months for expiration of his visa. I recently gave birth with a three months old baby who is a citizen. My question is can I file paperwork for my husband without him leaving the u.s for consular processing. Can he adjust status within the u.s if I file for him now

Nope. The whole process takes 2 years and your spouse cannot spend even 1 illegal day in the US during those 2 years. So the safest way is for him to wait in his country and consider himself lucky that he can visit on b2 visa. 

 

Be careful so he doesn't overstay or he won't be able to visit you again since his b2 will be voided. And he can't adjust status within USA  

 

I also would be extremely careful with spending 6 months in the US at the time. 

Edited July 15, 2018 by Roel

[WeGuyGal 1,052]

41 minutes ago, BlessedAssurance said:

Green Card for Family Members of a Permanent Resident

To promote family unity, immigration law allows lawful permanent residents of the United States (Green Card holders or LPRs) to petition for certain eligible family members to obtain immigrant visas to come and live permanently in the United States or to adjust their status to LPRs if they are currently living in the United States.

 

I am wondering what the above is about. However, it could be IF the relative is somehow able to maintain legal status in another manner, such as F1, during the wait for a visa to be available.

Unlikely for F1 to be approved. F1 requires non-immigrant intent, which would be an issue for spouse of an LPR and a USC child. 

[Unlockable 7,306]

2 hours ago, Bizzychic said:

Help urgently needed! I am an lpr who just stayed a year in u.s. However, my husband came through b1/ b2 visa and has two months for expiration of his visa. I recently gave birth with a three months old baby who is a citizen. My question is can I file paperwork for my husband without him leaving the u.s for consular processing. Can he adjust status within the u.s if I file for him now

Congrats on the birth of your child. Kind-of a bitter sweet situation you are in though. There is no way a lpr can adjust status for a spouse. Your husband will have to return to his country.

 

Fortunately, he can continue to visit but be sure he does not use the visitor visa to stay too long or make too many frequent trips because it will raise the risk of him being denied entry or having the visa taken away.

 

Since you aren’t officially married, you will also have to do that. You have a lot on your hands right now before you can have your husband here permanently. Be stay strong and resilient and you can be successful.

[Diane and Chris 651]

2 hours ago, Roel said:

Nope. The whole process takes 2 years and your spouse cannot spend even 1 illegal day in the US during those 2 years. So the safest way is for him to wait in his country and consider himself lucky that he can visit on b2 visa. 

 

Be careful so he doesn't overstay or he won't be able to visit you again since his b2 will be voided. And he can't adjust status within USA  

 

I also would be extremely careful with spending 6 months in the US at the time. 

Would you suggest they marry while he is still here in the US?  Then he could leave and they could apply for CR1.  Would that take 2 years?  Or, as a LPR, is she even allowed to do this?  

Edited July 15, 2018 by Diane and Chris
missing info

[Roel 7,191]

3 minutes ago, Diane and Chris said:

Would you suggest they marry while he is still here in the US?  Then he could leave and they could apply for CR1.  Would that take 2 years?  Or, as a LPR, is she even allowed to do this?  

Yes, that will take 2 years also. Doesn't matter where they get married.

[KazuriSana 324]

2 hours ago, Bizzychic said:

No it wasn't registered. I don't have a marriage certificate to support it.  Can we document our union before he goes back

He may be your husband, but as far as USCIS is concerned, he is not. So, first things first -- get married.

[Diane and Chris 651]

44 minutes ago, BlessedAssurance said:

He may be your husband, but as far as USCIS is concerned, he is not. So, first things first -- get married.

What type of visa will they apply for once they are married?  

[aleful 1,905]

38 minutes ago, Diane and Chris said:

What type of visa will they apply for once they are married?  

 

F2A, spouse of a Legal permanent resident

 

the wait for this visa is 2 years