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  • Spouse already here

    Hi to all. I've been surfing this forum looking for answers but I'm stuck. It seems that all queries are about spouse/fiance living in foreign countries. My question is a bit different. My niece is 36 y/o, born in the USA, thus an american citizen but has been living for the last 30 years in a foreign country. She got married in said country 12 years ago. So last week she arrived with her husband and decided that they want to reside here. What would be the best way to proceed? TIA

  • #2
    Originally posted by jayaref View Post
    Hi to all. I've been surfing this forum looking for answers but I'm stuck. It seems that all queries are about spouse/fiance living in foreign countries. My question is a bit different. My niece is 36 y/o, born in the USA, thus an american citizen but has been living for the last 30 years in a foreign country. She got married in said country 12 years ago. So last week she arrived with her husband and decided that they want to reside here. What would be the best way to proceed? TIA
    They can file I-130 and I-485 concurrently for Adjustment of Status for the husband. (They can also at the same time file I-765 for EAD and I-131 for Advance Parole, both for free.) He should not leave the US until he has an Advance Parole or green card, or he will abandon his AOS.

    This is my personal opinion and is not to be construed as legal advice.

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