Abernathy, TX Immigration Law Firms & Lawyers

Your priority date is probably not current yet. But, you can apply for adjustment of status if your priority date is current and you are still in legal immigration status.

This should be OK because the F-2 will technically still be "in status" at the time that the change of status request is filed. The issue is what happens if the COS is denied?

The simplest way is to marry him while you are still in the Philippines, and then file an I-130 petition on his behalf. Based on my experience, it normally takes about 9-12 months to process an I-130 through USCIS and the NVC before his case will be scheduled for an interview at the U.S. embassy in Manila. Because he overstayed and was unlawfully present in the U.S. in excess of 1 year, he is subject to the 10-year bar and must remain outside of the U.S. for the entire time unless he applies for and is granted a waiver by USCIS based on extreme hardship to you if his waiver application was denied. The consulate will inform him of the bar at the time of his interview and will give him instructions on how to file the waiver, if he is eligible. This process is notoriously difficult, so you should seek professional help.