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 opinion or advice of any kind. Any person who uses information given above should seek the opinion of a licensed immigration attorney. The above statement does not create any attorney/client relationship under any circumstance. To speak with a licensed immigration attorney contact Archuleta PLLC at 512-992-2222 to set up a consultation.
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.
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There seems to be a very simple solution for you. FIle for adjustment of status assuming he entered legally on a visa.
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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.
213 327 0044
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 INS trial attorney and United Nations HCR resettlement officer, with over 15 years experience in immigration law. His statements above are general in nature and should not be deemed legal counsel, as not all factual issues are known. Participants should retain an immigration lawyer to review their own legal matter. The information provided does not create an attorney/client relationship.
Green card holders and travel Immigration Green cards Employment-based green cards Adjustment of immigration status US visas Employment Authorization Document K-3 spouse visa Immigrant status Employment Foreign and immigrant workers Form I-485 (adjustment of status) Spousal immigration Form I-130 (alien relative)