I-130 confusion!! Please help!

[Chantel31 0]

My husband and I have been living together for 6 years and are about to complete our 1 year wedding anniversary. My husband came here illegally from Mexico. We are wanting to file for his green card but it seems very confusing! We spoke with an attorney who said our best option is to file the I-130. She made it seem very simple- we file for the I-130, he gets an interview in Juarez. At the interview my understanding is he will have to ask for another interview and file another form for a "pardon" because he has been here illegally since 2001. I'm really vague about the whole process and in reading the posts I am more confused than ever! Also, from the time we send off the application, about how long will it take for him to get his interview in Juarez? We are trying to prepare financially because we know he will need to be there for a few months. Does anyone have any clue? The attorney made it seem like the whole process would only take 4 months or so and then he will be back with his visa, but I'm not sure about all that. Would it be easier and/or faster for him to go back to Mexico and file from there? Is there any other way that is better? Any help would be greatly appreciated! We are in Phoenix, AZ, if that makes any difference. I am a little intimidated by this whole process!

[Ling Ling 22]

I'm not an attorney, but I know enough to know that you need to talk to another attorney.

Your guy gave you some really bad advice (about your husband returning to Mexico).

If he leaves for Juarez, there's a good likelihood that he'll be banned from the USA for 10 years to life.

Currently he is "Out of Status". However, while he's in the USA, you can file an I-130 (petition to apply for Visa)

as well as an I-485 (Adjustment of Status)..and a few other forms.

Check the guides here on VJ, they're very easy to understand. Most people on VJ have been successful without an attorney.

Most people on VJ who have used an attorney, wish they hadn't.

Your mileage may vary.

Good Luck

[canadian_wife 1,829]

By "illegal" do you mean he entered without inspection or do you mean he overstayed a tourist visa? When did he arrive?

This is very important. If it is a simple overstay he can adjust status like LingLing said.

If he came here without inspection, then he cannot adjust status. He will have to return to Mexico for his interview at which time he will be denied due to living in the US illegally. You will then file the I-601 waiver (not a pardon) and show that you will have extreme hardship if your husband is not returned to the US to live with you.

If he overstayed a tourist visa then you will file the I-130, the I-485 and the G-325

If he entered without inspection then you will file the I-130 and the G-325. You will need a lawyer to do the I-601.

[Chantel31 0]

By "illegal" do you mean he entered without inspection or do you mean he overstayed a tourist visa? When did he arrive?

This is very important. If it is a simple overstay he can adjust status like LingLing said.

If he came here without inspection, then he cannot adjust status. He will have to return to Mexico for his interview at which time he will be denied due to living in the US illegally. You will then file the I-601 waiver (not a pardon) and show that you will have extreme hardship if your husband is not returned to the US to live with you.

If he overstayed a tourist visa then you will file the I-130, the I-485 and the G-325

If he entered without inspection then you will file the I-130 and the G-325. You will need a lawyer to do the I-601.

By illegally I mean he came across the border illegally. Without inspction, without documentation. We knew it would probably cause a problem how he entered and are trying to work out the best way to deal with it. So we would be better off filing and him not going to Juarez until the interview?

Also, when they say extreme hardship, I find that confusing because I know I have to be able to support him at a certain income level, so financially I can't show that. We don't have children in common, but I have a teenage son that he has been helping me raise since he was 8 years old. Do they take that into consideration?

Thanks for your help!

[canadian_wife 1,829]

Ok, he cannot adjust status if he entered illegally. How long has he been in the US? When did he enter? Did he ever leave and come back?

You will file the I-130 and the G-325 and wait for the interview. He will be denied you WILL need a lawyer for the waiver to discuss what hardships you have and how you intend to prove that you cannot move to mexico to be with your husband

Good luck.

[pushbrk 13,132]

I'm not an attorney, but I know enough to know that you need to talk to another attorney.

Your guy gave you some really bad advice (about your husband returning to Mexico).

If he leaves for Juarez, there's a good likelihood that he'll be banned from the USA for 10 years to life.

Currently he is "Out of Status". However, while he's in the USA, you can file an I-130 (petition to apply for Visa)

as well as an I-485 (Adjustment of Status)..and a few other forms.

Check the guides here on VJ, they're very easy to understand. Most people on VJ have been successful without an attorney.

Most people on VJ who have used an attorney, wish they hadn't.

Your mileage may vary.

Good Luck

As confirmed by Canadian Wife below, the attorney gave the proper advice. The husband is not "out of status" because he never had status. You follow the spouse visa process, have the visa denied and then file an I-601 waiver.

[Chantel31 0]

Ok, he cannot adjust status if he entered illegally. How long has he been in the US? When did he enter? Did he ever leave and come back?

You will file the I-130 and the G-325 and wait for the interview. He will be denied you WILL need a lawyer for the waiver to discuss what hardships you have and how you intend to prove that you cannot move to mexico to be with your husband

Good luck.

My husband came here in March of 2001 and has been here ever since. He has never left the US since he came here. Since he has been here he has been gainfully employed almost continuously and went to school for HVAC and got his EPA certification. As far as the hardship, that shouldn't be a problem. I have a teenage son with ADD and my mother is in the beginning stages of Alzheimers, so I can't leave. I also am not worried too much about having to prove if the marriage is vaild. We have a vehicle that was financed and paid for in both of our names and we have had the same address for a long time.

I guess my only other question would be more or less how much time do we have from the time we file until he has to go to Juarez for the interview? Are we better off filing from Mexico or from here? Would we be ahead of the game for him to establish an address in Mexico or should he just hang out here and wait for the interview date? Again, the attorney we spoke with gave me to understand that from the time we filed to the interview date would be about 2 months, but it seems like it will be longer. She told us that he would be denied at the interview and that our best bet would be to have the waiver ready so that when he is denied he can immediately turn in the waiver and ask for the second interview (for the waiver). I'm just trying to get a time frame in mind here. Thanks everyone for all your help!

[canadian_wife 1,829]

For the I-130 look at 4-6 months to be approved by USCIS (depending on where you file - may be quicker than that now) then maybe a month in NVC then another month or 2 for the interview. From filing to interview in 2 months is a bit naive. But it may happen.

It doesn't matter if he establishes a residence in Mexico now, he's been working so his presence in the US is known. I would file now and wait for the interview - in the mean time working on a kick-a$$ waiver packet.

Good luck

[Ling Ling 22]

I'm not an attorney, but I know enough to know that you need to talk to another attorney.

Your guy gave you some really bad advice (about your husband returning to Mexico).

If he leaves for Juarez, there's a good likelihood that he'll be banned from the USA for 10 years to life.

Currently he is "Out of Status". However, while he's in the USA, you can file an I-130 (petition to apply for Visa)

as well as an I-485 (Adjustment of Status)..and a few other forms.

Check the guides here on VJ, they're very easy to understand. Most people on VJ have been successful without an attorney.

Most people on VJ who have used an attorney, wish they hadn't.

Your mileage may vary.

Good Luck

As confirmed by Canadian Wife below, the attorney gave the proper advice. The husband is not "out of status" because he never had status. You follow the spouse visa process, have the visa denied and then file an I-601 waiver.

Like Canadian Wife, I should have asked for clarification on his status. This was very stupid on my part. I will try to be more careful, and not respond to threads so late at night.

Canadian Wife ROCKS (as does pushbrk).

[Chantel31 0]

For the I-130 look at 4-6 months to be approved by USCIS (depending on where you file - may be quicker than that now) then maybe a month in NVC then another month or 2 for the interview. From filing to interview in 2 months is a bit naive. But it may happen.

It doesn't matter if he establishes a residence in Mexico now, he's been working so his presence in the US is known. I would file now and wait for the interview - in the mean time working on a kick-a$$ waiver packet.

Good luck

Apparently this lady used to work for/with INS (or whatever they are now) and she still knows some people. Also, according to her, all I-130 applications are now sent only to one office (I think Chicago but I could be remembering wrong). Still, 4-6 months would be a better timeline- get more money saved up and then get the waiver packet all ready!

Everybody has been so helpful! I just want to say thank you again. This whole thing is very intimdating, as is the idea of my husband going back to Mexico. It's nice to know that other people have gone thru it and come out on the other side!

[canadian_wife 1,829]

Yes, all petitions get mailed to Chicago and then filtered to either Vermont or Cali depending on where you live in the US.

Cali seems to be moving faster than Vermont.

Good luck on your journey

PS no YOU rock LingLing!

Edited April 29, 2009 by canadian_wife