Ok. Please read through that article so that you understand what's going on. I did a little more research, but I cannot find where the 4th Circuit (that covers Virginia) follows either the 9th Circuit decision or the 10th Circuit decision. Legal research is expensive and not something that is covered by this service. So from what I can tell, you have the following options in regards ***** *****(i):
1) You move with your spouse to CA, OR, WA, AZ, MT, ID, NV, AK, HI and then once residing there around 6 months or more, I would file the I-485, I-485A, I-212, etc. and he should be able to qualify and not have to leave the U.S.
2) Hire an attorney locally to do the research in the 4th Circuit law and see if the 4th Circuit follows the 9th Circuit. If they do, then you can file where you live. If they do not, then I would not file unless you are willing to appeal a negative decision (which is costly). The 4th Circuit might be waiting for such a case to be able to decide if they will follow the 9th Circuit or the 10th Circuit or make their own interpretation. There is no guarantee that it will go your way.
I wish I had better news for you, but at least you have an option that should work.
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