Is there hope for me???

[liz31 0]

Hi. I came to this country illegaly in 1988 at the age of 6, My stepfather (a us citizen) filed an I-130 for me and my mother in 1999, I went to the interview in MX but my mothers petiton was denied, I came back to the US without inspection . In 2009 I married a US citizen, we have a 7 year old son. My husband filed a i-130 and a I-485 for me in December of 09. We paid a 1,000 fine for my first entry. I went to an interview in march 2010, it didn't go so well, the immigration officer said I would have to have another interview. I received a work authorization card in june 2010 and have been working ever since. I hadn't heard anything back until may 2011 the immigration officer who interviewed me called me and said i needed to be fingerprinted again because my prints had expired, he said he would send me the order through email but i never received it. Yesterday my husband received a letter. It was an approval notice for my I-130. I am very confused, from what I have researched online, most people say the I130 is approved before the interview but I had my interview last year and barely got the I-130 approval notice.. Also, since I have a double entry does that affect my petition, can I be denied? I was a minor the first entry in 1988. Has anyone experienced something similar? Any advice or thoughts on what I could expect next? Thank you so much.

[Casprd 167]

The time while you were a minor isn't the issue. It is what has happened since you turned 18 which is important. I'm not clear on the timeline but did you leave the country and enter again legally? or illegally? or never left? This will make the difference in what you can and can't do now and how likely you are to be succesful.

[pushbrk 12,859]

An I-130 approval doesn't indicate anything except that USCIS has declared you are the spouse of a US Citizen. Until your I-485 is approved or denied, you still are not a legal permanent resident.

This is an adjustment of status case, not a K1 fiancee visa case.

Edited July 14, 2011 by pushbrk

[Deputy Purple 1,294]

If your last entry was without inspection then you can not adjust status as you have no status to adjust from. You would have to return to Mexico for Consular Processing and overcome bans for EWI and possibly Illegal presence.

Edited July 14, 2011 by Bob 4 Anna

[liz31 0]

The time while you were a minor isn't the issue. It is what has happened since you turned 18 which is important. I'm not clear on the timeline but did you leave the country and enter again legally? or illegally? or never left? This will make the difference in what you can and can't do now and how likely you are to be succesful.

Its ironic because i came back one day after my 18th birthday. I didn't come back legally.

[pushbrk 12,859]

Its ironic because i came back one day after my 18th birthday. I didn't come back legally.

Then you have no status to adjust. The approved I-130 makes you eligible for Consular processing, which will feature a visa denial, followed by a waiver request that may or may not be granted. Neither the denial or the waiver request can occur until you LEAVE the USA with no assurance of ANY future re-entry.

This is attorney territory.

[Penguin_ie 5,993]

***** Moving from K1- fiance visa forum to Mexico forum, as OP cannot AOS from an illegal entry and will need to leave and apply for a waiver to get a visa to become legal in teh USA. The VJers of the Mexico forum may be able to help with that. *****

[Deputy Purple 1,294]

Its ironic because i came back one day after my 18th birthday. I didn't come back legally.

Even if you EWI'd the last time before your 18th birthday you still wouldn't be able to AOS in country as your last entry was EWI, the only difference would be that you wouldn't be dinged for the EWI as a minor.

Again for AOS in country you must have entered legally or you don't have a Status to adjust!

[Princessblack 21]

Well sounds like it is on its way to move forward positively. Interview 1 did not go well..ok.

But you will still need to update fingerprints...go ahead.

Then your husband received an approval letter...sounds good.

And interview 2 to come...whats the problem?

Sounds positive so far to me.