My husband and I (US Citizen) went to the interview and the denied his residency. However, they did approve the 1-130 which my petition as wife asking for him. I-485 was the one that was denied. Can he apply for (i)245 adjustment of status to stay if we have a child together and real estate property together and he has paid for his taxes ever year?
C/1 D Visa?
No, he's not allowed to adjust in the US if he entered the US on a C1/D visa. However, as you note, they did approve his petition. So, what he needs to do is leave and have the petition sent back to his home country, the Philippines, I would guess, although certainly there are other possibilities. Paying his taxes is good. If he didn't, he'd likely have other problems. But, he won't get extra points towards his immigrant visa. He won't need them anyway. He will need to file for a waiver of his ineligibitiy created by staying here out of status. The fact that he has an American wife and child, and that he behaved himself while here, should make getting the waiver easier. However, until he leaves, applies for his immigrant visa and gets a waiver, he won't be able to return. If he does, he'll be able to live here legally with the two of you.
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