Q: My British husband is in the US on a travel visa. He only came to visit me and our daughter with a return ticket.

A: A US citizen can sponsor their spouse for a green card if they entered the country with permission, even if that spouse falls out of status. The issue in your case is did the spouse, who entered the country do so with preconceived intent. Did he conceal his intent to reside permanently upon his last entry. You should discuss your case with an attorney, and better yet consider working with an attorney to handle the case for you, so that there are no complications that result in delay or a denial. Some of his charge a very affordable flat fee to handle the case from start to finish to wit by filing the G 28 form notice of appearance of attorney of record in the case

A: Consider scheduling a consultation with a competent and experienced immigration attorney. In addition to evaluating what was your husband's intent at the time he entered as a visitor, it sounds as though he entered the United States using the Visa Waiver Program. Although one who enters under that program is generally ineligible for adjustment of status from inside the United States, there is an exception for one who is the immediate relative of a U.S. Citizen, which includes the spouse of U.S. Citizen. That being said, your husband may wish understand the potential consequences of remaining inside the United States past his authorized period of stay in visitor status under the Visa Waiver Program. For example, if the government ever sought to remove (deport) your husband because of an overstay, which they would not necessarily do, a condition of using the Visa Waiver Program is that one cannot challenge his or her removal before an Immigration Judge. Again, consider scheduling a consultation with a competent and experienced immigration attorney.

A: It is essential to know what you mean by a "90-day" travel visa. If you mean visa exemption, you can't file an I-485. Regarding other requirements to be met, you should at least have your package reviewed by an attorney because every case differs.

A: I agree with my colleagues that consulting with a qualified and knowledgeable immigration lawyer would be the best first step. The Green Card process is complicated, and it is best to seek the guidance of an immigration lawyer who has been through the process many times, is knowledgable about the requirements, and can counsel you and your husband as to the best course of action. There may or may not be a personal interview by the USCIS as part of the process, and such a lawyer can make sure that you and your husband are well prepared for the interview; the lawyer can attend the interview with you.

A: Your situation requires immediate attention, as entering the US on a visitor visa with the intention to adjust status could be seen as visa fraud - though genuinely changing plans after arrival may be viewed differently. While it's legally possible to file for adjustment of status while your husband is in the US, timing is critical and you should seek qualified immigration legal counsel before proceeding.

The forms you've identified (I-130, I-485, and I-765) are indeed the correct ones for this process. However, you'll also need to file Form I-864 (Affidavit of Support) and gather extensive supporting documentation including marriage certificate, birth certificates, financial records, and evidence of your genuine relationship.

Filing these forms before your husband's current visa expires won't automatically extend his stay - he would need to receive official notice that USCIS has accepted the application. Given the complexity and serious consequences of any mistakes, please consult with an immigration attorney who can review your specific circumstances and guide you through this process properly. Immigration law firms often offer initial consultations where you can discuss your options.