Legal Question in Immigration Law in Ohio

Congratulations on your marriage.

In order to file the form you mention (I-765), an applicant (a husband) has to be physically in the USA applying for adjustment of status. If he is living and working abroad, he can't file the I-765. In the situation as you described, consular processing of an immigrant visa could be more appropriate. However, a process known as 'adjustment of status' could be possible if he moves to the USA.

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If your husband is not in the U.S. he will have to do consular processing before he can come to live in the U.S. You cannot file the I-765 while he is outside the U.S. You mentioned he has a tourist visa but he cannot use that to work and there are potential pitfalls if he enters on the tourist visa and then attempts to adjust his status here. For example, USCIS (immigration) might say he used that visa fraudulently as a tourist when he knew he was coming to stay here. You are welcome to contact me for a free consultation either over the phone or in person. Please call (248) 619-0065.

Both of the above responses should be very helpful to you. Note also that filing a petition for an alien relative and consular processing are taking just about the same amount of time.