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*Flower*

applying i-130 and waver i 160 - advices, URGENT!

By *Flower* in Waivers (I-601 and I-212) and Administrative Processes (221g)

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*Flower* Newbie

*Flower*   0

Posted
Filed: Lift. Cond. (pnd) Country: Brazil
 Timeline
Posted

Im US citizen. My husband got 5 year bar for overstaying and working in US without permisson. I went to his country and we got married there. So, I know he cant get approval on his visa without applying for a waver petition. My question is, should i send visa application first ? or I can send My I-130 along with his waver I-160 ?? He got his removal paper already as soon as they removed him out of US.

HOw about hardship latter? when should we present it ? and who should present it ? it is up to me or my husband ? :help:

I need to start this proccess now! I must know the right way.

Please give us your advices that you know will work out :unsure:

Bobby+Umit Mentor

Bobby+Umit   161

Posted
Filed: Lift. Cond. (apr) Country: Turkey
 Timeline
Posted

Usually you file for the visa first, and then if needed, the waiver.

However, you can file the waiver at the same time as the visa application.

My Advice is usually based on "Worst Case Scenario" and what is written in the rules/laws/instructions. That is the way I roll... -Protect your Status - file before your I-94 expires.

WARNING: Phrases in this post may sound meaner than they were intended to be. Read the Adjudicator's Field Manual from USCIS

belinda63 Experienced

belinda63   3,041

Posted
Filed: Citizen (apr) Country: Iran
 Timeline
Posted

Since you are married you need to follow the guidelines for the CR-1 visa. When he has his interview in Brazil he will be denied. You should have the waiver prepared prior to the interview. I do not know if Brazil will let you file it at the time of denial or not......help here anyone?

I would strongly recommend an attorney for this as there are some issues which must be overcome and waivers are not usually a do it yourself thing.

mrs. wife! Proficient

mrs. wife!   3

Posted
Filed: IR-1/CR-1 Visa Country: Brazil
 Timeline
Posted (edited)
Since you are married you need to follow the guidelines for the CR-1 visa. When he has his interview in Brazil he will be denied. You should have the waiver prepared prior to the interview. I do not know if Brazil will let you file it at the time of denial or not......help here anyone?

I would strongly recommend an attorney for this as there are some issues which must be overcome and waivers are not usually a do it yourself thing.

Yes, the American Consulate in Brazil accepts the waiver at the interview. Better have it ready to show them when interview date is set up.

And for hardship waivers you can not do the waiver yourself. An attorney is needed.

Good luck!

Edited by Mrs. Silverman

CR-1 Journey - California Service Center

I-130 timeline:
I-130 NOA1 - 05th Nov, 2009
I-130 NOA2 - 10th February, 2010 Yay!!!!
"Your I-130 was approved in 97 days from your NOA1 date."

NVC Journey:
02-16-2010: NVC Case # Assigned
03-31-2010: Case Complete!!
04-12-2010: Interview date assigned by NVC.
05-11-2010: Medical appointment in Rio

05-13-2010: Interview in Rio - APPROVED!!!

06-02-2010: POE in Washington DC - Finally home!

July 30, 2010 - Received the Green Card after receiving 4 welcome letters! USCIS see ya later!

2 YEARS LATER......

03-02-2012: Elegible to lift conditions
06-02-2012: Temporary GC expires

12-20-2012: Permanent GC received

6 MONTHS LATER......

06/03/2013: n400 Filled

10/22/2013: Citizenship test and oath ceremony

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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