My fiance is from Europe. He came to the United States legally but his passport expired last week. We decided to get married prior to our wedding next year to work through any potential obstacles and to save money. We are ready to start the process of filing for his residency but we are concerned that he may need to return to his country of citizenship for several months before he can even get his work permit. Can anyone please elaborate on this?
Are you a U.S. citizen? If so and if he came on a valid visa (even if now expired), you can file your I-130 and I-485 adjustment of status application in the United States and without him returning to his home country. You can apply for a work permit at that time as well. You might want to hire an attorney to help you with this. Good luck!
I concur with my colleagues, generally speaking, if you are a citizen and your spouse was lawfully admitted into the U.S., then he should be eligible to adjust his status to a lawful permanent resident without leaving the United States. However, there are some specific issues to be aware of here, and you should contact an attorney to make sure this is set up to be a smooth process.
I agree with my colleagues. There is also a concept called immigrant intent that could come up depending on how and when he entered, and whether he knew at the time that you would be marrying and then seeking residency. I recommend you seek the consul of an immigration attorney to iron out all the details.
Since he entered on a visa, he can probably adjust and stay in the US. Have an attorney confirm that the visa that he used will allow this. Even if he used visa waiver, he should be able to adjust in the US without leaving. He can normally renew his passport his country's embassy or consulate in the US.
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