Spouse needs a waiver

[aimal 0]

found out that my spouse needed a waiver bcoz enterd US illegaly from CA 10 yrs ago, so filed a non immigrant waiver in April 2010, in May while visiting US consulate website, found out that I the USC can file I-130 while still in Montreal, filed I-130 in may, got approved in June & now interview scheduled end of next month....still have not heard anything about the waiver, recently found out that people intend to Immigrate 2 US if were told to file a waiver, they need to file an immigrant waiver which is totally different from non immigrant waiver which is given only to CA citizens so they can travel to US....I would appreciate any help on this topic & situation....& my question is ... Would it wise to tell the interviewing officer that for now he'll visit his wife & kids wid non immigrant visa & then move his file to US while living their bcoz he cannot live a year without his wife & 2 kids,& that's how long it will take for immig waiver, will they approve???

[milimelo 4,481]

I am moving this topic to waivers forum where you will receive more responses.

[belinda63 3,038]

What will happen at the interview will depend on what sort of ban he received when he entered illegally 10 years ago. It could be possible that the ban is now expired and there will be no problems or it could be more serious, either way they should let him know at the I-130 interview and they should inform him of what waiver he needs to file.

He cannot come to the US to live until his immigrant visa is approved although if the non-immigrant waiver is granted he can come to visit. He cannot complete the I-130 process from within the US, he must complete it in Canada.

I hope I properly understood you and answered all your questions.

[aimal 0]

they never had put a ban on him until this year, & as I said he is going 4 his interview next month, which his I-130 is already approved, can't we just move his file from there ?? thanx for helping

[belinda63 3,038]

He cannot return to the US to live until he has his immigrant visa. I don't know how long it will take for the waiver(s) to be approved, maybe someone in the Canada forum can give you an idea.

An approved I-130 just means he can apply for the visa, at the interview is when he will be approved or denied for the actual visa to move to the US. Since he has a ban he will be denied and will need to file for the waiver(s) they indicate. He cannot move permanently to the US until he has the immigrant visa.

[canadian_wife 1,822]

You said he entered the US illegally 10 years ago, when did he depart? when he departed is when the ban clock starts. It does not matter than you seem to have multiple petitions going at once, the ban will remain. He MUST disclose the illegal entrance on the DS-230. Considering they already know he has the illegal entrance (due to the issuance of the ban) failing to disclose it again will result in a misrepresentation. When he discloses it, the ban will be known at the new interview (If not before which I strongly assume they already know) and he will not be allowed to enter until the ban has been carried out or a waiver has been approved.

Good luck

[Used to be broken 147]

found out that my spouse needed a waiver bcoz enterd US illegaly from CA 10 yrs ago, so filed a non immigrant waiver in April 2010, in May while visiting US consulate website, found out that I the USC can file I-130 while still in Montreal, filed I-130 in may, got approved in June & now interview scheduled end of next month....still have not heard anything about the waiver, recently found out that people intend to Immigrate 2 US if were told to file a waiver, they need to file an immigrant waiver which is totally different from non immigrant waiver which is given only to CA citizens so they can travel to US....I would appreciate any help on this topic & situation....& my question is ... Would it wise to tell the interviewing officer that for now he'll visit his wife & kids wid non immigrant visa & then move his file to US while living their bcoz he cannot live a year without his wife & 2 kids,& that's how long it will take for immig waiver, will they approve???

What date did the spouse leave the US? That is the day the clock starts ticking on the 10 year bar.

When he goes to the interview the consular will deny the VISA because of the EWI if it was less than 10 years ago. At that time, he/she will write down a code on the denial which tells you if your spouse is eligible for the waiver, if there is ONLY the EWI than the answer will probably be yes, and you can then submit the waiver the same day if that consulate accepts them same day. Sometimes they will request you come back an alternate day to file the paperwork. Its much more than a form and and application so don't just fill it out quickly and drop it off.. if you are not prepared.

You can look at this link, its the guidelines for adjudicating waivers outside the US. Lots of information .

Procedures for Immigrant Waivers

If you need a waiver and he can file one, then you prepare the hardship letter and supporting evidence. Read up on preparing a waiver case and might not be a bad idea if you can afford it to hire an attorney because the stakes are so high if he gets denied. The standard for the waive is "extreme hardship" to a US Citizen spouse or qualifying relative.

Re: border crossing in the interim, be VERY CAREFUL with this and what you tell CBP because if he slips up here and gives and evasive answer could spell bigger issues. It might become harder even though he has already gotten a non-immigrant waiver due to the marriage.. hard to prove non-immigrant intent while your wife and kids are living in the country you are headed to. Might need extensive documentation to back it up.. leases, round trip tickets, bank statements, proof of employment.. basic stuff he did when he qualified for the non-immigrant VISA

Good luck

Edited October 11, 2010 by brokenfamily

[aimal 0]

thank u all for your help.. he doesn't need a non immigrant visa coz he iz Canadian, But wat is EWI??

[belinda63 3,038]

I am willing to bet that if he has a ban he will require a visa and a waiver to come to the US again to visit. He may not be stopped when he crosses the border but if he has a ban and he is found in the US he will be deported and possibly given a life-time ban at that time. He needs to just sit in Canada and not come to the US until all his paperwork is complete.

[canadian_wife 1,822]

EWI - entry without inspection. As you said in your first post he entered the US illegally

He's been given a ban, he cannot enter the US without a waiver.

When did he depart the US?

Good luck

[aimal 0]

ok here is the whole situation, he was there in US in yr 2000 for only 2-3 dayz, they have no recrd of it, it was him who told them when askd @ the border that yes he was in US 10 yrs ago & the officer told him to just get a waiver & he 'll be given permission to enter, the officer also said that. He shudnt have any problem & there was no mentioning of any ban @ all because it was 10yrs ago. so we applied for the waiver but @ the time we didn't know that there were 2 diff waivers immig & non immig, so we applied for his immig visa after & now recently when we found out about it, we are just wondering what will happen @ the interview. The US consulate already knows everything because we did mention everything in his DS-230 & also gave them the A# that he received when we applied for the waiver, I was just searching for somebody who would have similar situation & explain me the process of this immig waiver....thank u all & just pray that everything goes well with his interview,