Q: I want to return to the USA, my home country.. How do I go about this with my non US husband?
I am 52, an American citizen, my husband and I married in the US in 2013. Since then, we have lived, worked, breathed together in the UK, and still do. My husband is a Polish national who has lived in the UK since the age of 3, he is now 55.
I wish to return back to my native country with my husband.
We are seeking guidance in doing so.
We are aware of our choices in achieving this goal, either via an Adjustment Status or via the Consular process. I would prefer to return sooner and apply via the Adjustment status so I ask you for assistance and recommendations in this matter..
A: The process of adjustment is done in the USA when the marriage takes place there. So that route appears closed. You can apply for his legal permanent card from the UK and he would do consular processing in the UK. You will be required to submit proof of payment of taxes in the US for a specific period, usually the last 3 years, unless you have some kind of exemption. Gather all your documents and talk with an immigration lawyer. Good luck.
A: Your husband cannot enter the country on a visitor visa with the concealed intent to adjust status. So I agree with the previous attorney’s response that that route is not available. You would need to Sponsor your husband in your present country and have him process at the US consulate to get his green card. The current waiting time is taking roughly a year and a half. I strongly urge you to seek counsel to assist you in this process.
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