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Can my husband stay in the US while the I485 form I filed for him is being processed?

Carson, CA |

I am a greencard holder married to a Filipino citizen. I filed an I130 form in February 2011 so my husband can join me in the US. I received an I797 notice of action in Sept. 2011 instructing me to file either an I485 (if I am in the US) or an I824 form (if outside the US). Can my husband travel to the US (using his valid tourist visa) to file the I485 form and stay in the country while the form is being processed? Would it be better to just file the I824 form and let him wait in the Philippines?

Attorney Answers 4


  1. Best answer

    If you are a greencard holder and not a U.S. citizen, the petition you filed on behalf of your Filipino husband falls under F2A category, which currently has a visa backlog of about 2-3 years. Based on the October 2011 visa bulletin, visa numbers for this category are available to beneficiaries born in the Philippines with priority dates January 8, 2009 and earlier. This means your husband will have to wait until his priority date (February 2011) becomes current before he can apply for immigrant visa. If he enters the U.S. as a visitor (please note that you cannot use this visa for purposes other than temporary visit) and subsequently decides to remain in the U.S. while waiting for visa availability, he has to know that staying without authorization in the U.S. may affect his future eligibility to apply for a greencard.

    Please contact an immigration lawyer to learn more about your case. There may be other options available to you to bring your husband quicker to the United States. Good luck.


  2. These questions need to be asked to an experienced immigration attorney who can examine the facts of your case and provide a legal opinion as to the pros and cons of each option. If he requests a tourist visa he will have to disclose his intent is dual in nature because a tourist visa is for an alien to enter for a temporary basis with the intent to return when the trip ends and before the I-94 expires.

    Legal disclaimer: The statement above is provided by CC Abbott is based on general assistance and not intended to be a legal opinion because not all the facts are provided. The person requesting information and all others reading the answer should retain an attorney who is permitted by the state bar within the jurisdiction who can examine the complete facts and provide a legal opinion on your case. All information provided in the above answer and other information provided by CC Abbott does not create an attorney/client relationship within any state of Federal law.


  3. It is advisable to discuss your case with an immigration lawyer. It is best for your husband to Consular process since he is outside the USA.

    Goodluck,


  4. Your husband cannot enter on a B-2 visa for the purpose of filing for adjustment of status.

    You should retain an experienced immigration lawyer to review all the facts and advise you accordingly.

    J Charles Ferrari Eng & Nishimura 213.622.2255 The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.

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