Charleston, SC asked in Immigration Law for North Carolina

Q: Hi so long story short- I am a US born citizen and my husband a UK born citizen. I want to apply for green card for him?

We are both currently in the States at the moment. BUT my question is do we apply for the I-130 form only or can we apply apply to both I-485 and I-130 concurrently at the same time? (My husband entered on a visa this trip to the States (valid for 10 years)). However he will be travelling back to UK December 1st. Does this disqualify us from filing concurrently and can we file from within the states or because he is leaving does this void filing within the States and would we have to file "from outside" even though he is temporarily here for only a month??

Thank you so much!!!!

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1 Lawyer Answer
Myron Morales
Myron Morales
  • Immigration Law Lawyer
  • Austin, TX

A: Since he entered on a visa, you can file concurrently. But, since he is leaving on December 1, this will not be enough time to obtain the advance parole document that he will need to return to the U.S. As such, the I-485 would be deemed abandoned and he would have to consular process to complete the residence process.

Ms Grace I Gardiner agrees with this answer

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