Is there a more expensive 485A form?

[new mexican]

Hi,

I am a U.S. Citizen married (one year) to a man from Peru. He came to the U.S. four years ago. He was working on a cruise ship (nonimmigrant crewmember visa) and he got off the ship in Miami and didn't return.

Now I want to sponsor him. I don't think I can use the 485 form in this case. My questions are:
Isn't there a form 485A which has a $1000 fee and is used for cases like this?

Or does he have to go out of the U.S. to, say, Canada, stay two weeks, then re-enter the U.S. in order to change his entry status?

(He has a U.S. drivers license.)
Please tell me if you have been through this.

 

[TheRealCanadian]

Now I want to sponsor him. I don't think I can use the 485 form in this case. My questions are: Isn't there a form 485A which has a $1000 fee and is used for cases like this?

That is benefits under 245i which are only available to beneficiaries with a priority date of April 30th 2001 or before. However, if you are a US citizen your spouse might be able to file an I-485 without any penalty.

He should *NOT* leave the US under any circumstances until the I-485 is approved. An area where a spouse has been illegally present for several years is not something you should entrust to an Internet message board. Consult an attorney for 30 minutes for $50-$100 to see what your options truly are.

 

[saf]

If you have a lawyer, please consult him/her. I don't think you will need to pay any penalty because you are US citizen who applies for your spouse, but my suggestion is to consult a good lawyer who has knowledges of over 5000 books of immigration laws.

Advice: he should not leave USA until his gc application is approved or he will be barred from entry for 10 years despite 485 pending or that he has advanced parole!