Change of status for husband while in America [merged threads]

[Andie R 0]

Hi, I had a question about my situation. I was very sick in my husbands home country and we had to leave after 1 year of trying to get answers from the doctors there. With no answers we decided it was best to come here on his 6 month non-immigrant Visa. I am worried that my health problem will continue for more than 6 months and we will be forced to leave. So we wanted to try to apply to change his status, but I’ve heard they say no most likely and it is a lot of money to apply and hear no. We have been married two years now and wanted to know if there’s anyone with any advice on how to apply and what’s needed ?

[payxibka 10,045]

17 minutes ago, Andie R said:

Hi, I had a question about my situation. I was very sick in my husbands home country and we had to leave after 1 year of trying to get answers from the doctors there. With no answers we decided it was best to come here on his 6 month non-immigrant Visa. I am worried that my health problem will continue for more than 6 months and we will be forced to leave. So we wanted to try to apply to change his status, but I’ve heard they say no most likely and it is a lot of money to apply and hear no. We have been married two years now and wanted to know if there’s anyone with any advice on how to apply and what’s needed ?

It can be done.  About $1800 and about 12 to 18 months to complete.   Read the AOS guides for how to proceed

[Andie R 0]

7 minutes ago, payxibka said:

It can be done.  About $1800 and about 12 to 18 months to complete.   Read the AOS guides for how to proceed

Do I have to go back to the country he is from for those 12-18 months?

[Lucky2Lucky 2,526]

1 minute ago, Andie R said:

Do I have to go back to the country he is from for those 12-18 months?

A US citizen never has to leave the USA. 

[Andie R 0]

Just now, Luckycuds said:

A US citizen never has to leave the USA. 

Thank you for your reply .Would my husband have to leave? Or does that allow him to stay while the application processes? 

[payxibka 10,045]

13 minutes ago, Andie R said:

Thank you for your reply .Would my husband have to leave? Or does that allow him to stay while the application processes? 

No, by leaving that would defeat the purpose of adjusting status.

[portorusa 431]

2 hours ago, Andie R said:

Thank you for your reply .Would my husband have to leave? Or does that allow him to stay while the application processes? 

Your husband needs to stay while his Adjustment of Status process will be pending. If he leaves USA before his green card (or travel permit) received, he will abandon the process. 

[Lucky2Lucky 2,526]

19 hours ago, Andie R said:

Thank you for your reply .Would my husband have to leave? Or does that allow him to stay while the application processes? 

You would be submitting an adjustment of status petition... when he is adjusting status he is unable to leave the country. That’s the whole point Of the petition- he is staying here while his status is adjusting. 
I would start searching for someone who is willing to be a joint sponsor if you don’t have the income to be the sole sponsor of your husband.

[Andie R 0]

1 hour ago, Luckycuds said:

You would be submitting an adjustment of status petition... when he is adjusting status he is unable to leave the country. That’s the whole point Of the petition- he is staying here while his status is adjusting. 
I would start searching for someone who is willing to be a joint sponsor if you don’t have the income to be the sole sponsor of your husband.

Okay that all makes sense. I guess the biggest fear is being denied (because of ongoing health problems) Do you know how likely the rates are of being denied even if you have a solid reason you need your husband to stay and support you?

[carmel34 3,639]

59 minutes ago, Andie R said:

Do you know how likely the rates are of being denied even if you have a solid reason you need your husband to stay and support you?

Your husband cannot work in the US on a tourist visa.  Even if you apply for AOS, it takes many months, some are experiencing processing times in the range of 6-8 months for EAD right now.  So if he stays and applies for AOS, he will not be able to "stay and support you" for a very long time.  The AOS application will be based on your ability to support him financially and whether the bona fide marriage evidence is sufficient.  Sounds like a qualified co-sponsor will be necessary in your case, one that can actually contribute financially until his EAD is approved and he can start working.  Good luck!

[Lucky2Lucky 2,526]

1 hour ago, Andie R said:

Okay that all makes sense. I guess the biggest fear is being denied (because of ongoing health problems) Do you know how likely the rates are of being denied even if you have a solid reason you need your husband to stay and support you?

You need to meet the requirements of having a legitimate marriage and be able to financially support him. If not then you need a joint sponsor...if you have neither of these then you will not be approved.  I understand your fear but USCIS does not care if you have/need emotional support. (I don’t mean to be harsh- there are guidelines you need to meet and “prove” that he will not become a public charge).

[SusieQQQ 11,586]

1 hour ago, Andie R said:

Okay that all makes sense. I guess the biggest fear is being denied (because of ongoing health problems) Do you know how likely the rates are of being denied even if you have a solid reason you need your husband to stay and support you?

Are these health problems preventing you working and earning enough income to sponsor him, and if so, do you have a joint sponsor?

[Andie R 0]

Just now, SusieQQQ said:

Are these health problems preventing you working and earning enough income to sponsor him, and if so, do you have a joint sponsor?

No they’re not but eventually he will need to work. We just couldn’t get answers (health wise) in the country he lived so we were recommended to come back.

[Andie R 0]

Hello! I was trying to apply for adjustment of status for my husband.I had a question about after the documents and forms are sent in. Do we have to contact anyone regarding his longer stay in the country? Like.... his visa is for 6 months but if we turn in his paper work and has to stay to wait do we need to contact an embassy or boarder control?

[HRQX 4,145]

20 minutes ago, Andie R said:

I was trying to apply for adjustment of status for my husband.I had a question about after the documents and forms are sent in.

After filing, you will receive 4 paper receipt notices (for I-485, I-130, I-765, and I-131) in the mail. After his I-94 expires I-485, etc. would remain pending. As an AOS applicant he won't have a status but he'll be in a period of stay authorized by the Secretary of Homeland Security.