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H spouse visa eligibility
- Thread starter whatnow55
- Start date
Risk...
If his "out of status" days are documented, he is likely to invite the 3Yr bar on application of change of status (I539, from the previous status to H4). He can go to your or his home country, get married and then get the H4 there and enter. The question of how long he has been out of status might not come.
If his "out of status" days are documented, he is likely to invite the 3Yr bar on application of change of status (I539, from the previous status to H4). He can go to your or his home country, get married and then get the H4 there and enter. The question of how long he has been out of status might not come.
Re:Risk...
How can you know if his \'out of status\' days are documented or not? Also, if he stays, I understand that he may invite the 3yr ban, but what does that mean? Does it mean that his change of status may not be processed for 3 yrs? If so, then what happens to his status in America in the meantime? Can he work or go to school, is there some sort of temporary status? I appreciate all you help and advice.
How can you know if his \'out of status\' days are documented or not? Also, if he stays, I understand that he may invite the 3yr ban, but what does that mean? Does it mean that his change of status may not be processed for 3 yrs? If so, then what happens to his status in America in the meantime? Can he work or go to school, is there some sort of temporary status? I appreciate all you help and advice.
Status is tricky, be careful!
If the I-94 expires he is out of status. The 3 year bar comes is to reentry and will not be triggered unless he leaves the country. Of course, if INS becomes aware that he is here illegally he could be deported and then could be subject to a 5 year bar.
Don\'t take the advice given on this board for this type of thing (even mine). He needs professional advice rgarding his options now.
Jim
If the I-94 expires he is out of status. The 3 year bar comes is to reentry and will not be triggered unless he leaves the country. Of course, if INS becomes aware that he is here illegally he could be deported and then could be subject to a 5 year bar.
Don\'t take the advice given on this board for this type of thing (even mine). He needs professional advice rgarding his options now.
Jim