adjustment status for husband with RB1-B2 visa

[Karimauari 0]

Hello:

I have a question, where do I have to start applying for my husband's green card(permanent resident visa), our daughter and I are American citizen, and we are in USA, my husband's enter to the USA with a RB1-B2 visa, our intention was just to come for vacations and visiting relatives but I got an job offer that I accepted, now we want to apply for his green card. What should I do? where do we start? Thanks for your help.

[geowrian 22,335]

* Moved from AOS Progress Reports to parent forum (question is procedural, not about progress) *

 

Blue bar at the top of any page -> Guides -> Immigration Guides -> " US Citizen and Spouse both live/reside in the US: "

[designguy 1,179]

On 8/14/2019 at 4:24 AM, Karimauari said:

Hello:

I have a question, where do I have to start applying for my husband's green card(permanent resident visa), our daughter and I are American citizen, and we are in USA, my husband's enter to the USA with a RB1-B2 visa, our intention was just to come for vacations and visiting relatives but I got an job offer that I accepted, now we want to apply for his green card. What should I do? where do we start? Thanks for your help.

B1-B2 visas are not dual intent so I believe the proper procedure will be for you to petition your husband for an IR/CR1. As his visa will expire prior to approval he will out of status. You may want to consult a lawyer for the correct path forward 

[geowrian 22,335]

They are already in the US so intent is not an issue in this case.

A properly filed I-485 grants a period of authorized stay by the AG while the case is pending.

Of course, consular processing for the visa abroad is a valid option too.