How does my foreign husband change his status from visitor to resident? 8 Answers as of January 21, 2011

My husband is from Egypt and has a visitor's visa. His father had a green card but passed away a year ago, he never did apply for a green card himself. We were married Oct 2010 and he returned back to Egypt for his job. He will be coming back again, and I would like to sponsor him for his greencard. We plan to live together in Washington State and he would like to get his work permit as quickly as possible to be able to work. I was told all we had to do was submit a request for change of status, but we want to do everything properly. Thank you!

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The Vega Law Firm
The Vega Law Firm | Linda Vega
You may marry your fiance and then Adjust his Status thorugh Consular Processing or while he is in the United States.

Under 245a INA, he is able to adjust immediately if he is married to a U.S. Citizen.

A work permit is filed along with the application I-130, I-485, and I-765, when the application is within the United States.
Answer Applies to: Texas
Replied: 1/21/2011
Law Office of Michael E. Hendrickson
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
You have failed to clarify an important issue regarding your status, i.e., are you merely a lawful permanent resident(greencarder) or a U.S. citizen? If the former, it could take years before your husband could get a visa priority date to adjust his status to permanent resident, but if the latter, then it could happen quite quickly.
Answer Applies to: Virginia
Replied: 1/20/2011
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
After two years of marriage you can file an i -130, between now and October 2012 file for a work visa."
Answer Applies to: Tennessee
Replied: 1/20/2011
Nicastro Piscopo, APLC
Nicastro Piscopo, APLC | Louis M. Piscopo
I assume that you are a U.S. Citizen. If so you have to petition your husband by filing an I-130 petition. If he is not in the U.S. you can immigrant visa/consular processing which will take about 1 year. If he is in the U.S. he can file for adjustment of status (Form I-485) at the same time as the I-130 petition. It would take about 2-3 months for him to receive his work permit and 4-6 months to receive his Green Card. However, you have to be careful about your husband traveling to the U.S. on his visitor visa if you are U.S. citizen and file an petition or intend to petition him. He could have a problem at the border/airport if USCBP believes he is not coming to visit, but his coming to live in the U.S.
Answer Applies to: California
Replied: 1/20/2011
Law Office of Immigration & International Trade Law
Law Office of Immigration & International Trade Law | Linda Liang
What you were told is not correct. You need to start over again, actually. Apply for I130 and I485.
Answer Applies to: Florida
Replied: 1/20/2011
    441 Legal Group, Inc.
    441 Legal Group, Inc. | Gareth H. Bullock
    You need to file an adjustment of status package. That will change his status and allow him receive a work permit and travel permit while the paperwork is pending.
    Answer Applies to: Florida
    Replied: 1/20/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    In your question you never explain if you are a United States Citizen.

    You can petition for him upon him return assuming that your are indeed a Citizen.

    Contact a license attorney to further discuss this matter.
    Answer Applies to: Florida
    Replied: 1/20/2011
    Theresa E. Tilton, Attorney at Law
    Theresa E. Tilton, Attorney at Law | Theresa E. Tilton
    Beware of taking legal advice from people who are not lawyers. They cannot be held responsible for bad advice.

    You do not say whether you are a US citizen. This will make all the difference in the applications and the waiting time.

    This is not a "change of status". You must apply for an immigrant visa (I-130) before your husband re-enters the United States. It is not proper for him to return on his visitor's visa, since he is an intending immigrant.

    I would be happy to assist you with this.
    Answer Applies to: Washington
    Replied: 1/20/2011
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