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An acquaintance whose wife was recently given Voluntary departure for being caught at the border having used her visitor visa to live in the USA with her husband and visit her family in Mexico has opted to do the spousal visa.

He has a couple of questions:

Do they have to mention her voluntary departure on Q16 of the I-130 form? if they don't and it comes up later in the process what are likely to be the implications.

What about the question where is states where they last lived as husband and wife? Will it get them into trouble if he states that they lived together as husband and wife at their address in the US, knowing she was using her visitor visa in a false manner?

She worked illegally whilst on her visitor visa. Is this likely to come up during the process and if so what are the possible implications?

Immigration told him that all he had to do was file a form which cost $190 and she would be here in 6 months and she would have no problem with the application or her citizenship because she had already been in the US for seven months since being married so it was "obvious" she didn't do it for a greencard"! I told him to expect it to take much longer and that I thought there were several forms to complete and then they must await interview in Mexico. He is wondering what the likely timescale will be assuming there are no delays, RFE's etc and how much the whole process is going to cost.

Any help or advice would be much appreciated.

OUR TIMELINE

K1 VISA & MARRIAGE - 8 MONTHS

17 February 2004 Sent I-129F petition CSC - It was APPROVED in 147 days

3 September 2004 INTERVIEW IN LONDON SUCCESSFUL VISA APPROVED! MARRIED OCTOBER 16, 2004

ADJUSTMENT OF STATUS - 5 MONTHS

4 January 2005 - Submitted applications for AOS and EAD - 12 May 2005 Conditional Permanent Residency Approved - interview in Santa Ana

4 June 2005 CPR 2-year Green Card arrives in mail

REMOVAL OF CONDITIONS - 3½ MONTHS

8 May 2007 - I-751 sent to CSC - 23 August 2007 - Approved - Card production ordered

30 August 2007 - 10 year Green Card received

K2 TIMELINE (Stayed behind in UK to finish school)

28 March 2005 - embassy interview & medical London - visa granted

01/18/06 Applications for AOS/EAD sent - 03/28/06 EAD approved

4/3/06 - RFE for AOS - requested new medical and vacc supplement

4/26/06 - approved without interview and welcome letter sent

05/02/2006 - Greencard arrives in mail

03/14/08 - Petition to Remove Conditions mailed to CSC delivered - 7/2/08 APPROVED

NATURALIZATION TIMELINE (for myself and son) 5 MONTHS

April 18, 2011 - N-400 Applications Mailed to AZ lockbox

April 21 (received April 25) NOAs

May 12 - FP Letters mailed

May 16 - Received FP appointment letters for June 8 at 11am

August 1 - Interview - approved for Oath Ceremony - OATH CEREMONY 28 SEPTEMBER

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

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