I-130 for husband of US Citizen

[jaycali 415]

thank you so much for the info you gave me hopes.do you know how long it usually takes to get a waiver approved?

I'm really not sure, but I know a lot of it depends on whether it's handled at the consulate, or sent back to USCIS with an intent to revoke. As far as I know, there's a short window of time, in which it may still be handled by the consulate. Once that window is up, they send it back to the USCIS, and USCIS sends you a notice of intent to revoke (NOIR) in which you have one last chance to appeal.

I'd research the I-601 waiver. If you have a lawyer, ask him/her!

[pushbrk 12,824]

I'm really not sure, but I know a lot of it depends on whether it's handled at the consulate, or sent back to USCIS with an intent to revoke. As far as I know, there's a short window of time, in which it may still be handled by the consulate. Once that window is up, they send it back to the USCIS, and USCIS sends you a notice of intent to revoke (NOIR) in which you have one last chance to appeal.

I'd research the I-601 waiver. If you have a lawyer, ask him/her!

Since he would most likely be allowed to file the waiver, the case would not be sent back to USCIS, so not NOIR. I-601 Waivers take from a couple weeks to several months to process.

[angelo gutierrez 6]

I was recently approved by CSC (last month). I am a US Citizen and petitioned I-130 for my wife. It took 195 days (about 6.5 months) for CSC to approve my application. This is without any RFE. Like already pointed out above, CSC is backed up. Expect it to take anywhere from 5 to 7 months. Hope this helps.

True, it took us 213 days before we got our NOA 2.

Edited February 20, 2012 by angelo gutierrez

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Waivers (I-601 and I-212) and Administrative Processes (221g); OP's husband will require a waiver if he is to receive a visa prior to the end of the period he is subject to an entry ban.

[Alelovescesar 5]

hi,

i am in a similar situation...my husband was also here illegally for 6 years and left voluntarily. We got married in Mexico last year and I filed the I-130 with my priority date Nov. 14th. I too will also have to file a waiver and i'm very nervous about it because i've heard the process is long... its very difficult to be without my husband, we've spent most of our first year of marriage apart and now this process seems like it has no end..=(

[vanessa.diaz 0]

thank you so much for the info you gave me hopes.

do you know how long it usually takes to get a waiver approved?

Well CSC is slow right now so have tons of patience! After your approval you will start the electronic process with NVC which goes by farely quickly if you are prepared ahead of time(start looking into the I864..look for a sponsor if you don´t make enough money..ect..keep on collecting evidence of an ongoing relationships such as plane tickets,pictures,phone bills..ect)then once all this is done then you will be scheduled an interview appt and then you will need to make a fingerprint appt...You are going to go to CDJ to do medical,fingerprints,ect..and the first interview´s outcome is going to be "no approval" but with the possible chance of a waiver..if you are granted that chance then you will have to schedule another interview which is where you will turn in the waiver...since your paying a lawyer already make use of him/her so they can explain this whole waiver process to you...Good luck!

[cherylc522 0]

They don't need to prove anything, the burden of proof is on him. Plus, when filling out the DS-230 it asks if he has been in the US illegally for more than 180 days. He has to answer 'yes' on that, otherwise, him and his wife will need to relocate to Mexico for life. They know these things.

ahhh DUH my bad lol its been so long since filling out forms i forgot it asks about all the past addresses and if you have been here illegally, for sure you wanna be honest about all that.

[brendavera 2]

Well CSC is slow right now so have tons of patience! After your approval you will start the electronic process with NVC which goes by farely quickly if you are prepared ahead of time(start looking into the I864..look for a sponsor if you don´t make enough money..ect..keep on collecting evidence of an ongoing relationships such as plane tickets,pictures,phone bills..ect)then once all this is done then you will be scheduled an interview appt and then you will need to make a fingerprint appt...You are going to go to CDJ to do medical,fingerprints,ect..and the first interview´s outcome is going to be "no approval" but with the possible chance of a waiver..if you are granted that chance then you will have to schedule another interview which is where you will turn in the waiver...since your paying a lawyer already make use of him/her so they can explain this whole waiver process to you...Good luck!

Do I really need to prove that I make enough money? because I don't, I can hardly support myself. Im very confused on that because my lawyer says that the more I struggle without him here the easier it will be for him to come back sooner.

[Little_My 464]

The I-864 (Affidavit of Support) form is a mandatory part of almost every possible process where a foreign spouse is seeking permanent residency in the US through marriage to a US citizen. You have to be able to prove that your husband will not become a public burden in the US, and that in a situation where he cannot support himself, you, or someone else who has acted as a co-sponsor for his petition, will support him financially. Have you really gone through the CR-1 process with your lawyer, step-by-step? Has he explained to you what it entails in each phase? If not, now would be the time to do that. Personally I find it a bit alarming that your lawyer had not explained to you that due to his overstay, your husband is under a 10 year ban right now and would need a waiver to overcome that, and now it seems like he hasn't also explained the financial part of this process to you. I would sit down with the lawyer asap and really make him explain each and every part of the process to you, and in addition do your own research on this - if you have no idea what is happening, it is also very hard for you to make sure you are not being played by your lawyer for money, or to just make sure that your lawyer isn't an incompetent twit who doesn't know his a** from his I-130.

[amyandjorge 76]

Do I really need to prove that I make enough money? because I don't, I can hardly support myself. Im very confused on that because my lawyer says that the more I struggle without him here the easier it will be for him to come back sooner.

True, but it is a 'hardship' waiver. Thus having hardship won't make it quicker, it will just make it possible to apply for the waiver and not wait for 10 years. Reasons include health, family responsibility, inability to move to spouse's country, financial.

So the advice is good, look for a joint sponsor now.

And mostly you just hear about folks needing waivers because they committed a crime while in the US. Once you get a DUI, etc, they are in the system with fingerprints, otherwise, probably not registered anywhere in US. Think about it, they are 'undocumented' people.

[pushbrk 12,824]

And mostly you just hear about folks needing waivers because they committed a crime while in the US. Once you get a DUI, etc, they are in the system with fingerprints, otherwise, probably not registered anywhere in US. Think about it, they are 'undocumented' people.

WHOA! WHOA, there! Where do you suppose these folks got married? They would have filed a marriage certificate with the petition, indicating a marriage took place in the USA. That and no evidence HE was in the USA legally is all that is needed to trigger the ban are waiver requirement. However, they have also provided an honest G325a indicating the foreigner was in the USA for more than six years.

There is no question that the visa will be denied and that only with a successful I-601 waiver, will the foreigner legally enter the USA anytime in the next ten years.

Those who have committed crimes or were deported, need an entirely different kind of waiver.

[Sandra G. 5,043]

After the initial interview and expected denial, he needs to schedule an I-601 waiver appointment.It will take approximately 2 months to schedule an interview. At the waiver appointment he must submit the waiver application.Juarez has a pilot program to adjudicate it. As of Aug 25, 2011, the Juarez waiver results have been taking about a month from the waiver appointment to learn whether the person was approved in the pilot program or referred for further review. Approved in the pilot program means the waiver was approved favorably and as fast as Juarez could adjudicate it. Approximately 50% of waivers through Juarez are approved through the pilot program, if approved in the pilot program, it can take a couple of weeks to have the decision.

If there is any information missing or the waiver didn't appear to have sufficient hardship or the person has criminal record or any other complication, then the waiver is usually referred for further review. According to a recent referral notice, USCIS states it takes 10 months to adjudicate referred waivers. Good luck.