K3

[Katie and Ian 0]

Hi: My husband is from Scotland. We got married on 11/3/06. My question is that on the first page of the

website it says that if we are married and he entered here on a tourist visa, he should go back to Scotland.

He's been here for 8 years. He doesn't really have anywhere to go anymore.

Is it absolutely necessary that he go back?

Katie

[aussiewench 10]

Hi Katie and welcome to VJ

You should seek advice from a competent immigration attorney.

He can apply to adjust status if he entered the US legally. Much is forgiven on marriage to a USC provided he entered on a valid visa, granted entry, and is otherwise eligible.

Eligibility Information: Who May Apply to Become a Lawful Permanent Resident While in the United States

Otherwise Eligible Immediate Relatives

If "otherwise eligible" to immigrate to the U.S., immediate relatives may adjust status to LPR (get a "green card") in the United States even if they may have done any of the following:

* worked without permission,

* remained in the U.S. past the period of lawful admission (e.g., past the expiration date on your I-94) and filed for adjustment of status while in an unlawful status because of that,

* failed otherwise to maintain lawful status and with the proper immigration documentation, or

* have been admitted as a visitor without a visa under sections 212(l) or 217 of the Act (which are the 15-day admission under the Guam visa waiver program and the 90-day admission under the Visa Waiver Program, respectively).

Please note: If a person came into the U.S. illegally, that person is barred from adjusting their status to LPR (cannot obtain a green card) even if he or she marries a U.S. citizen or otherwise becomes an immediate relative. An immediate relative must meet the eligibility requirement of being “inspected and admitted or paroled into the United States.”

Source and further info

Also see the guide on the process of adjusting status HERE

Edited November 16, 2006 by aussiewench

[Yodrak 8]

Katie,

He and you should have a consultation with an immigration attorney to review the specific circumstances of your particular situation. Then you'll be in a position to answer your own question.

Yodrak

Hi: My husband is from Scotland. We got married on 11/3/06. My question is that on the first page of the

website it says that if we are married and he entered here on a tourist visa, he should go back to Scotland.

He's been here for 8 years. He doesn't really have anywhere to go anymore.

Is it absolutely necessary that he go back?

Katie