Q: My British husband is in the US on a travel visa. I'd like to sponsor him for a green card as my spouse.

A: A US citizen can sponsor a foreign national who entered on a visitor visa for a green card. It is important to understand that if the husband entered with intent to permanently reside, that would be considered immigration fraud. However, if he entered with the intent only to visit, but then later changed his mind, then that would not be Immigration Fraud. Consider retaining counsel here in Florida to represent you. Some of us charge a very affordable flat fee for representation from start to finish.

A: You need to file I-130 and I-485 together only if your husband is really on a visa, as opposed to VWP.

A: The I-485, rather than the I-539, is used for the Green Card process. There are other applications, as well, such as Form I-130. The best advice that I can give is to consider speaking with a knowledgeable and experienced immigration lawyer who can guide you through the process, and who can counsel you and your husband as to the requirements, needed application documents, etc.

A: Consider scheduling a consultation with a competent and experienced immigration attorney. Whether your husband had the intent to immigrate when he entered the United States as a visitor, presumably as a U.K. Citizen through the Visa Waiver Program; this could affect the method by which he should approach his case (adjustment of status vs. consular processing). Although overstay of Visa Waiver Program visitor status may be "forgiven" in the context of an immediate relative (spouse of U.S. Citizen) adjustment of status case, if he has overstayed or does overstay, he should also be aware that a condition of using the VWP program is that one cannot challenge his or her removal from the United States in front of an immigration judge in Immigration Court (if the government chose to initiate his removal because of overstay). Many attorneys offer online video consultations.

A: For your situation with your British husband, you'll want to file Form I-485 (Application to Register Permanent Residence) to adjust his status from visitor to permanent resident. This is the correct path since you're married and he's already in the U.S.

Form I-539 is actually for extending or changing temporary visa status, which isn't what you need here. Since you're sponsoring him as an immediate relative (spouse), you'll also need to file Form I-130 (Petition for Alien Relative) along with the I-485. These can be filed concurrently to save time.

Keep in mind that your husband must have entered the U.S. legally and must maintain valid status throughout the application process. You should gather important documents like your marriage certificate, birth certificates, passport copies, and financial records before starting. While you can handle this process yourselves, immigration matters can be complex, so consulting with an immigration attorney could be helpful for your specific case.