Hello Everyone!

[meauxna 15]

I have since gotten a second opinion and the other attorney said that this (DCF) is the quickest and easiest way to get through our situation.

You might want to keep getting opinions until you have a better understanding--don't be so caught up in the "2 years" that you lead yourself and your husband to think that that is some kind of a guarantee---a lot of things can affect that "2 years".

The other thing that catches my attention is the DCF. It presents a quandry for you actually.

To apply for the waiver that he may require (I don't see you mention it, but there must be one, with a removal order), you will want to show how impossible it is for you to live in Mexico.

To petition via DCF, you must be a resident in Mexico (FM-2 or FM-3 visa).

I would want to know from the lawyer what the benefit to filing in Mexico would even be for you---yours is not the normal situation that would benefit from it. Why the two years to wait to apply for an immigrant visa? That doesn't add up with the usual bans from re-entry.

I don't know the answers to any of the questions, or even if they all apply to you. I do know that it's hard to 'un-do' a step once it's taken, and just urge you to make sure you've got a good understanding of what The Plan is before you file anything.

Good luck!

[kitkat1 5]

I have since gotten a second opinion and the other attorney said that this (DCF) is the quickest and easiest way to get through our situation.

Couple of comments

1) DCF is not an option in Mexico

2) As soon as the I-130 is in, get rid of your lawyer if you can - get someone who is well qualified in waivers specifically in Mexico. A great place to start is visacentral.net - Laurel Scott, an immigration attorney, holds free chats on Wednesdays at 11:00 am central time where you can post your questions and she will answer. You can also do a phone consultation with her. She is probably the best attorney to go with for your situation - she specializes in waivers, mostly in Mexico.

3) Once you file the I-130 you should follow it up with the I-129. This usually makes the wait time for an interview appointment much faster. The result is a K3 which means he would still have to adjust in the US, but at least you would be back together. If you file only the I-130, the wait time for an appointment in Ciudad Juarez (the only consulate in Mexico that handles these visas) is at least one year. With a K3, it's more like 4-6 months.

4) As the USC, you will need to write an extremely detailed hardship letter, with evidence, to prove why you cannot relocate to Mexico if his visa is denied. The best place for help on this (and for your situation in general) is immigrate2us.net where the majority of people on the forum are in more or less the same situation as you. People are extremely helpful and supportive.

5) The good news: waiver approvals in Mexico are around 97% - said to be the highest in the world. Processing for waivers take around 6 months plus another 7 weeks for a visa pick up appointment. So if you submit both the 1-129 and the I-130, once they are sent to Mexico you may have an appt in 6 months. Add waiver processing, etc and it *could* actually be less than 2 years.

Hope this helps and best of luck

[MEXUS0613 0]

I have since gotten a second opinion and the other attorney said that this (DCF) is the quickest and easiest way to get through our situation.

Couple of comments

1) DCF is not an option in Mexico

2) As soon as the I-130 is in, get rid of your lawyer if you can - get someone who is well qualified in waivers specifically in Mexico. A great place to start is visacentral.net - Laurel Scott, an immigration attorney, holds free chats on Wednesdays at 11:00 am central time where you can post your questions and she will answer. You can also do a phone consultation with her. She is probably the best attorney to go with for your situation - she specializes in waivers, mostly in Mexico.

3) Once you file the I-130 you should follow it up with the I-129. This usually makes the wait time for an interview appointment much faster. The result is a K3 which means he would still have to adjust in the US, but at least you would be back together. If you file only the I-130, the wait time for an appointment in Ciudad Juarez (the only consulate in Mexico that handles these visas) is at least one year. With a K3, it's more like 4-6 months.

4) As the USC, you will need to write an extremely detailed hardship letter, with evidence, to prove why you cannot relocate to Mexico if his visa is denied. The best place for help on this (and for your situation in general) is immigrate2us.net where the majority of people on the forum are in more or less the same situation as you. People are extremely helpful and supportive.

5) The good news: waiver approvals in Mexico are around 97% - said to be the highest in the world. Processing for waivers take around 6 months plus another 7 weeks for a visa pick up appointment. So if you submit both the 1-129 and the I-130, once they are sent to Mexico you may have an appt in 6 months. Add waiver processing, etc and it *could* actually be less than 2 years.

Hope this helps and best of luck

Thank you for the advise. I hadn't had a chance to check my post in a few days.... I have spent a few days at Immigrate2us.net and you are absolutely right... they do have great info... they even have a section dedicated to sample letters. I am also going talk to the attorney you recommended... never hurts to ask... ask... ask!! I am however a little confused about the I-129 (Petition for a Nonimmigrant Worker) I'm assuming his work would have to file this.... but he worked in construction... doesn't his company have to show that they absolutely need him?

How frustrating!!!!!!

Speaking of frustrating.....

It's only been 2 months and he is already talking crazy.... he doesn't know what to do with himself in Mexico... it's funny because he was born there but has been in the U.S. so long... he has come accustomed to life here and now apart from missing me (of course) he has had to get used to a new way of life. The only thing that he says keeps him there is knowing that we could lose everything if he gets caught trying to come over and the fact that the immigration officer told him that if he does get caught in the U.S. or attempting to enter the U.S. he could spend 2 1/2 years in prison. (scary... huh?)

Which brings me to my next question....... (which I'm sure has already been asked)... How do you (the universal you) cope? How do you talk yourself out of "the hell with it (the process... not the marriage)"

[diadromous mermaid 36]

How do you talk yourself out of "the hell with it (the process... not the marriage)"

By realising that your separation at this time is the result of a "hell with the process" attitude once before. Good luck!

[MEXUS0613 0]

How do you talk yourself out of "the hell with it (the process... not the marriage)"

By realising that your separation at this time is the result of a "hell with the process" attitude once before. Good luck!

Touche

[kitkat1 5]

Glad you saw the response - probably better to post future questions in the 601 or Lat Am regional forum.

The I-129 in this case is the "F" - same as for fiances but can be filed in conjunction with a I-130 to get a faster interview date (and resulting in non-immigrant visa which means he'll have to adjust here later). Filing both can make a significant difference in the timing of his interview in Mexico.

It's hard as hell being separated but he cannot cannot cannot enter the US again - if so, there is no waiver available.

How to cope? Skype and webcams. If he doesn't have a computer, you can still call him using Skypeout and it's very cheap.

good luck!