We are awaiting approval for the I-130, but my visa is expiring soon. What can we do so we aren't separated?

Asked over 2 years ago - San Francisco, CA

I am an American citizen and my husband is a foreign citizen. We received the acceptance notice for our I-130 and were shocked that it takes an average of 5 months to approve. When we researched and read that "visas are automatically available to spouses," we did not expect that to mean 5 months. The problem is my visa will expire, and I have no work abroad. Therefore, I must return home. On top of that, we cannot afford to have my husband out of work in America and just wait for the form to be approved. But from the research I have done, the option is that we can be together, either in America or abroad, but one of us will be unable to look for work. What are our options?

Attorney answers (6)

  1. Robert West

    Contributor Level 20

    9

    Lawyers agree

    Answered . Obviously, your research was inadequate. Maybe you should talk with a lawyer in your town BEFORE you do anything else.

  2. Curtis Frederic Pierce

    Contributor Level 18

    8

    Lawyers agree

    Answered . Not sure how your husband entered the US. If he entered legally, he can probably apply for Adjustment of Status (form I-485) and employment authorization (form I-765). This is if you are currently in the US. It's also not clear where you are when you say "I must return home."

    This makes me think you may be abroad.

    Curtis Pierce
    213 327 0044
    www.cpvisa.com

  3. Michael Archuleta II

    Contributor Level 9

    7

    Lawyers agree

    Best Answer
    chosen by asker

    Answered . I suggest you set up a consultation with an Immigration attorney who can look at all your paperwork and the individual facts of your case. This is particularly true given that your visa is going to expire.

    The statement made by Michael Archuleta above is based on the facts given and is not intended to be a legal... more
  4. Daniel Warren Thomann

    Contributor Level 15

    8

    Lawyers agree

    1

    Answered . A spousal K-3 visa would allow him to come to the US while waiting and obtain work authorization as well. It's not the fastest process, but it may help in your situation. I've attached a link to the State Department page on K visas. I suggest using an attorney to avoid delays.

    Please note that he information above is general in nature and is not intended to create an attorney-client... more
  5. Neil Ian Fleischer

    Contributor Level 20

    7

    Lawyers agree

    1

    Answered . There seems to be a very simple solution for you. FIle for adjustment of status assuming he entered legally on a visa.

    For more info see link elow and contact us for help

    Neil I Fleischer (513) 977-4209 www.immigrate2usa.com Note: Neil Fleischer is an attorney licensed in the State... more
  6. Daniel Shanfield

    Pro

    Contributor Level 10

    4

    Lawyers agree

    Answered . It sounds like the packet might have been prepared incorrectly. With a US citizen spouse petitioner, the immigrant can apply for a green card, work permit, and advance parole travel document simultaneously here in the United States, and in general, not have to depart the United States. I would consult with an immigration lawyer immediately to get this fixed.

    (888) 275-0047 Legal disclaimer: Daniel Shanfield, Esq., with offices in San Francisco and San Jose, is a former... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,875 answers this week

2,824 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,875 answers this week

2,824 attorneys answering