PIO Spouse Required Documents - US Visa Status?

[KatAdilap]

I have my appointment to apply for my PIO in Washington. I am a US citizen, My husband is an Indian citizen, we have been married for over a year. We meet all eligibility. While reading the list of required documents I came across the statement, "If the spouse is a non-US passport holder, proof of legal status must be provided". My husband lives in India, therefore he does not require any legal visa status for the US. The plan is for me to move to India permanently, have a job lined up, and he has no reason to come to the US right now.

Has anyone else gotten away with not having the US visa proof. Most of the documents needed are necessary for one thing or another, but it just blows my mind why my husband needs legal status in the US if we live in India which is the purpose of me obtaining a PIO card.

Thanks for any info