Q: What options do we have if my husband was denied on his I485 application? He is from Australia and we were married here.
We were married outside the 90 day period of a K1 visa (1 week late). That was the reason for denial. The denial letter stated he must leave ASAP. I’m distraught and don’t know what to do.
A: He can travel back to Australia, and you can file an immigrant visa petition for him. It will take about a year for him to come back as an immigrant. You can also file a spouse nonimmigrant petition on his behalf. We suggest you talk with an immigration attorney to see what might work best under the circumstances.
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