Portland, OR asked in Immigration Law for Oregon

Q: What forms are needed for a spouse to stay in the country legally?

My husband is from the UK here on a tourist visa. What forms do I need to fill out so he can stay??

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3 Lawyer Answers

A: No attorney will guide anyone remotely by way of a remote paragraph to handle such a complex issue as an adjustment of status for an immediate foreign national family member without any review and knowledge of the matter.

A: You have omitted crucial information in your posting.

Depending on your circumstances and those of your spouse, he may be able to change status to another non-immigrant status or he may be eligible for adjust of status. However, the lack of details prevents any type of meaningful analysis.

A: It's more than forms, it is also evidence of the relationship. Nevertheless, some applicants need to file fewer forms than others. One size doesn't fit all, as it is said. The forms required can change and be updated with little notice. Some forms don't require a filing fee, but must, or should, also be included with a filing depending upon the situation.

In addition, some U. S. citizen petitioners may be disqualified from filing the I-130 family petition, while some foreign spouses may be disqualified from becoming a lawful permanent resident through I-485 adjustment with or without an approved form I-601 waiver and/or form I-212 advanced permission. Note that a person from the U.K. is from a visa waiver country, so they 'may have' fewer rights in certain situations.

If you don't wish to hire an experienced immigration attorney, then review the instruction pages at https://www.uscis.gov/forms/all-forms.

You may find general information online, as well, but it may also prove confusing. That is the reason why I hesitate to confuse you any further, because you may still make a mistake!

The above is general information, not legal advice, and does not create an attorney client relationship.

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