Legal Question in Immigration Law in Massachusetts

Emigrating to Boston from London

I got married in St.Lucia to a British Citizen. I have filed the I-130 and I-129F. I am waiting for an interview with the Embassy in Barbados for a visa(I-129F). I was told that my husband could not come and visit me before he gets his visa. I called an attorney and she said that if my husband can get into the country as a visitor, then I can file a I-485 since I have a receipt for the I-130. Is this true? Thank you


Asked on 1/05/07, 10:28 am

1 Answer from Attorneys
Kseniya Zavala Law Office of Kseniya Zavala

Re: Emigrating to Boston from London

It is true. However, yor husband may not enter as a visitor. When a person enters as a visitor, he swears that he has no intention to abandon his country. In your case, filed I-130 and I-129 petitions demonstrate that your husband has an intention to become an immigrant. This means he is not entitled to a visitor visa or entry and has to wait untill his immigration papers get approved. If he came to the US at least 60 days prior to the filing of I-130 and I-129, it could work. If you have any further questions, please do not hesitate to contact me directly at [email protected]

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Answered on 1/05/07, 11:27 am


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