Visa Waiver

[jepull]

My daughter (US citizen) recently married her husband, who entered with a Visa Waiver. The original plan was never to get married. He was going to go back to his country and that's it; but it happened. He is still legal because his 90-day window doesn't expire until Aug. Besides the I-485 and I-130 forms, what other forms do we need to file for him? Any other advice will be greatly appreciated!

 

[SusieQQQ]

My daughter (US citizen) recently married her husband, who entered with a Visa Waiver. The original plan was never to get married. He was going to go back to his country and that's it; but it happened. He is still legal because his 90-day window doesn't expire until Aug. Besides the I-485 and I-130 forms, what other forms do we need to file for him? Any other advice will be greatly appreciated!

If he wants to be able to work and travel abroad before his adjustment is finalized (that takes around a year) he should file for advance parole i131 and EAD i765 as well (be aware those can take 4-6 months to process so he will likely be sitting around for up to 6 months not doing much, unable to work or leave the US. It may also take a while just to get a driver license sorted out, I think most states require the EAD before they can issue a DL). His other alternative is to return home at the end of his 90 days and await consular processing rather than doing adjustment of status.

 

[1AurCitizen]

Consular Processing in applicant's home country is less time consuming, less expensive overall to a green card and allows for greater flexibility.

I never understand how someone coming for 89 days with a suitcase or two suddenly decide to drop everything in their home country and live permanently in the US. What happens to a home, belongings, auto, job, and all other ties to a home country?