My husband was granted Voluntary Departure and 120 days to leave the country. The Judge stated his record would be clean and he would be able to return to the US. The Judge told me to go ahead and file an I 130 relative petition now. Can I file the I 485 concurrently with the I 130 while my husband is still in the country, or do I have to wait until he returns to his country and file a K-3 visa? If we are approved can voluntary departure be canceled?