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Filed: IR-1/CR-1 Visa Country: Belgium
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Hi! I’m new here and I was hoping you can guide me.

 

Me (USC) met my husband back in 2009 when I was studying french in Belgium. Decided to stay and we got married the following year. 
 

Back in 2021, my dad was diagnosed with Alzheimer, and I had to make the difficult decision to come back to US with my daughter to care for him. I say “difficult” because my husband and I made the decision that he should stay (he has a great job and we own our home).

 

My parents never married and they broke up when I was a little girl and I’m their only child. (in case you are wondering why Im the sole caregiver) 

 

I moved back to the States in August 2021, and I’ve been here since. My husband comes to visit us every 3 months or so. 
 

My dad is estable and in good shape but my mental health is going down the drain: Im the sole caregiver, away from my home and my spouse. My husband came to visit us last week, but after seeing my current state (I have lost around 15 lbs)

he is refusing to go back. 
 

As a matter of fact, he requested a paid leave and potentially working remotely for the time being. I don’t want him to overstay and mess with his ESTA, but I know as an USC I can file a petition for him.

 

Can we adjust his status from here? He didn’t have an intend of staying (he has come at least 5-6 times since I move here), but he refuses to leave my side and to be honest, I desperately need him.

 

can i file an i-485 without him having to leave?


 

 

Edited by Melissa Stuart
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Filed: Citizen (apr) Country: Myanmar
Timeline

Yes.

 

If I-130 was  already filed (your profile implies this) send the I-130 receipt with the I-485 package instead of a new I-130.

 

However remote work is not permitted until his EAD is in hand.

Edited by Mike E
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~~ Topic moved from IR1/CR1 spousal visa forum to AOS work/tourist/student visas ~~
 

You can file for him but he can’t work, remotely or otherwise, until he has proper work authorization.

 

 

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Filed: Citizen (apr) Country: Taiwan
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21 minutes ago, Melissa Stuart said:

nd potentially working remotely for the time being.

That is a violation of his entry.

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Filed: K-1 Visa Country: Wales
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Lets say you file tomorrow, now I have seen some examples of EADs coming through very quickly, but you could probably expect 8 months or so, is that OK? How long can he be off work.

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: Citizen (apr) Country: Brazil
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4 hours ago, Melissa Stuart said:

As a matter of fact, he requested a paid leave and potentially working remotely for the time being. I don’t want him to overstay and mess with his ESTA, but I know as an USC I can file a petition for him.

Sounds like a long talk with your husband would be a good idea, to decide where you want to live long-term.  If he is currently in the US, you can file an adjustment of status (AOS) package for him.  There is no 90 day rule, you can file everything yourself when you have all the documents, forms, and evidence ready to go.  His ESTA would be gone if he stays longer than the authorized stay given by CBP on his most recent entry to the US and then decides to leave.  It may take some time to get his civil documents, assuming that he did not bring them on a short trip to visit you.  Before going down the AOS road, make sure he understands the timeline, with a very long wait without being able to work, leave the country, and in some states, not able to get a driver's license.  Work authorization could take 8 months, a travel document and green card even longer.  If he is ok with not working for 8 months, and not able to leave the US for a year or longer, he may be fine with you filing adjustment of status for him.  Definitely go into the process with full awareness of the consequences.

Edited by carmel34
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As the sole caregiver for your father is he also a dependent for tax purposes? How are you supporting yourself financial during this time? You will also have to file the I864 to show you make enough to sponsor your husband (you can’t use his income from Belgium). 
This sounds extremely taxing. I agree with @Pinkrlion consider looking for respite care for you father it sounds like you have Caregiver burnout and having your husband stay to adjust status, unable to work and maybe dependent on you might not be the best solution. 
 

ETA: your husband will need proof of legal status and an SSN for a DL in NC. 

Edited by Redro
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Filed: AOS (apr) Country: Germany
Timeline
3 hours ago, carmel34 said:

Sounds like a long talk with your husband would be a good idea, to decide where you want to live long-term.  If he is currently in the US, you can file an adjustment of status (AOS) package for him.  There is no 90 day rule, you can file everything yourself when you have all the documents, forms, and evidence ready to go.  His ESTA would be gone if he stays longer than the authorized stay given by CBP on his most recent entry to the US and then decides to leave.  It may take some time to get his civil documents, assuming that he did not bring them on a short trip to visit you.  Before going down the AOS road, make sure he understands the timeline, with a very long wait without being able to work, leave the country, and in some states, not able to get a driver's license.  Work authorization could take 8 months, a travel document and green card even longer.  If he is ok with not working for 8 months, and not able to leave the US for a year or longer, he may be fine with you filing adjustment of status for him.  Definitely go into the process with full awareness of the consequences.

I agree...if you can live that time without his income.But you'll have to decide at some point, if you're both going to stay in the US and give up your house etc in Belgium. Even as greencard holder he can only be outside the US for a certain amount of time 

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12 hours ago, Melissa Stuart said:

Hi! I’m new here and I was hoping you can guide me.

 

Me (USC) met my husband back in 2009 when I was studying french in Belgium. Decided to stay and we got married the following year. 
 

Back in 2021, my dad was diagnosed with Alzheimer, and I had to make the difficult decision to come back to US with my daughter to care for him. I say “difficult” because my husband and I made the decision that he should stay (he has a great job and we own our home).

 

My parents never married and they broke up when I was a little girl and I’m their only child. (in case you are wondering why Im the sole caregiver) 

 

I moved back to the States in August 2021, and I’ve been here since. My husband comes to visit us every 3 months or so. 
 

My dad is estable and in good shape but my mental health is going down the drain: Im the sole caregiver, away from my home and my spouse. My husband came to visit us last week, but after seeing my current state (I have lost around 15 lbs)

he is refusing to go back. 
 

As a matter of fact, he requested a paid leave and potentially working remotely for the time being. I don’t want him to overstay and mess with his ESTA, but I know as an USC I can file a petition for him.

 

Can we adjust his status from here? He didn’t have an intend of staying (he has come at least 5-6 times since I move here), but he refuses to leave my side and to be honest, I desperately need him.

 

can i file an i-485 without him having to leave?


 

 

As a fellow only child who provided hospice care to my divorced dad, I TOTALLY get it.  DM me if you want to. 

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