Married on a B2 Visa, What Next

[halfmoonfarm]

We live in Georgia. My husband is from Brazil and came here legally on a B2 visa we were married October 10th. Now we need to know which forms to file and how much the fees will cost. I know we need to file a 485 and a 765 for him to work in the US but can he file the 785 before the 485 since he came here on a B2 visa? His B2 visa expires in March so we need to get the papers going. We have been given several different answers by USCIS, the embassy and the consulate. Please help!!

[T53147]

It appears that he entered on a B2 visa with the intent to marry and establish ressidency based on the dates you have given. This is contrary to US law; he should have entered on a fiance visa. Your attempt to shortcut the system is likely to create problems for you two. This is likely the reason for your different answers from the various places.

He should return to Brazil and file for a spouse visa and reenter once it has been received.