Legal Question in Immigration Law in Massachusetts

Husbands tourist visa bout to expire can we file the I-130

I am a US citizen but my husband is foreign and on a tourist visa to the US. Only has two days left on the tourist visa but will it be okay for him to stay if we send in the I-130 form? or does he have to leave the country? We cant afford him leaving the country right now really.

Any help would be appreciated thanks.


Asked on 10/08/08, 6:35 pm

2 Answers from Attorneys

Michael Cho Law Offices of Michael Cho

Re: Husbands tourist visa bout to expire can we file the I-130

You'll need to file for the entire adjustment of status application so that he can remain in the U.S. while it processes.

Please find more information here:

http://www.msclaw.com/What_is_a_Green_Card.html

Feel free to contact me should you have further questions.

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Answered on 10/08/08, 6:39 pm
Marc Seguinot Seguinot & Associates, P.C.

Re: Husbands tourist visa bout to expire can we file the I-130

If you are a U.S. citizen, and your husband entered the U.S. legally with a visitor's visa, then you cannot be married too long, eh? I don't believe he would have been granted a visitor's visa if he had a wife here in the U.S. -- okay, let's presume you married after he got here, and now he is supposed to go home. I believe that you can file the I-130, 1-485, and I-765 at one time. Now, let me tell you what could happen. You will be sent a notice for your husband to take his fingerprints, and then he will get his work permit, and then you will be scheduled for an interview. Please get a lawyer. One issue that you will run into is whether or not he was really coming to visit the U.S., or whether he was coming to get married. Otherwise, as long as he does not have any criminal convictions, or is otherwise inadmissible into the United States, he has a good chance of obtaining his lawful permanent residence via marriage to a U.S.C. When you say you cannot afford for him to leave the country, be ready to pour out some $ for the fees and a good attorney, okay! take care and good luck to both of you.

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Answered on 10/08/08, 9:35 pm


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