I-130 for wife of us citizen ,wife living in mexico with our u.s citizen kids

[foreverheidi 3]

I HAVE A CUESTION IM A US CITIZEN AN MY WIFE IS IN MEXICO WITH MY 2 KIDS US CITIZENS TOO.. WE HAVE BEEN MARRIED FOR 6 YEARS AND SHE IS BEEN IN MEXICO FOR 18 MONTHS I JUST FILE I-130 AND TOMORROW IM SENDING THIS TO CHICAGO MY CUESTON IS WHAT'S NEXT I HEARD ABOUT A VISA SO SHE CAN WAIT THE PROCESS HERE IN THE U.S. ANY RECOMENDATIONS WHAT SHOULD WE DO? AND HOW LONG CAN IT TAKE FOR US TO BE TOGETHER AGAIN ? THANKS

[Leatherneck 693]

There is no visa available for your wife that will allow her to wait in the U.S. until her embassy interview.

It could take from 7.5-9 months for the entire process, or longer if there are issues with documents, but not likely.

[Noah Lot 391]

Was she in the US without permission and/or did she enter the US with a visa or by just 'sneaking' into the US? The answer to this question will play a pivotal role in determining how long it might be before she can be granted a visa.

[bigdog 376]

Entry and exit issues will affect the status. Everything depends on what you have done or not done and the interview.

[foreverheidi 3]

SHE GET IN THE US WITH A TOURIST VISA AND WE GOT MARRIED HERE IN CALIFORNIA AFTER THAT I FILE FOR HER RESIDENCE AND IN THE INTERVIEW IT WAS DENIED THEY SAID BECAUSE WE DONT SUPOSE TO GET MARRIED WHILE SHE WAS ON VACATION HERE AFTER THAT WE FILE A WAIVER AND SHE WAS PREGNANT WITH OUR FIRTS BABY THEN THE CASE WAS DENIED ANT 3 MONTHS AFTER THAT THEY SEND US A PAPER SAYIND THAT WE CAN REOPEN THE CASE BUT WE DIDNT HAVE THE MONEY IN 2010 SHE HAD AN EMERGENCY IN MEXICO AND SHE LEFT NOW WE JUST HOPING THAT SHE CAN GET BACK TO THE US

[foreverheidi 3]

Entry and exit issues will affect the status. Everything depends on what you have done or not done and the interview.

SHE GET IN THE US WITH A TOURIST VISA AND WE GOT MARRIED HERE IN CALIFORNIA AFTER THAT I FILE FOR HER RESIDENCE AND IN THE INTERVIEW IT WAS DENIED THEY SAID BECAUSE WE DONT SUPOSE TO GET MARRIED WHILE SHE WAS ON VACATION HERE AFTER THAT WE FILE A WAIVER AND SHE WAS PREGNANT WITH OUR FIRTS BABY THEN THE CASE WAS DENIED ANT 3 MONTHS AFTER THAT THEY SEND US A PAPER SAYIND THAT WE CAN REOPEN THE CASE BUT WE DIDNT HAVE THE MONEY IN 2010 SHE HAD AN EMERGENCY IN MEXICO AND SHE LEFT NOW WE JUST HOPING THAT SHE CAN GET BACK TO THE US

[Jojo92122 1,924]

SHE GET IN THE US WITH A TOURIST VISA AND WE GOT MARRIED HERE IN CALIFORNIA AFTER THAT I FILE FOR HER RESIDENCE AND IN THE INTERVIEW IT WAS DENIED THEY SAID BECAUSE WE DONT SUPOSE TO GET MARRIED WHILE SHE WAS ON VACATION HERE AFTER THAT WE FILE A WAIVER AND SHE WAS PREGNANT WITH OUR FIRTS BABY THEN THE CASE WAS DENIED ANT 3 MONTHS AFTER THAT THEY SEND US A PAPER SAYIND THAT WE CAN REOPEN THE CASE BUT WE DIDNT HAVE THE MONEY IN 2010 SHE HAD AN EMERGENCY IN MEXICO AND SHE LEFT NOW WE JUST HOPING THAT SHE CAN GET BACK TO THE US

How long did she stay in the US after her I-94 expired when she entered on the tourist visa?

If she overstayed for more than a year, she has a 10 years ban from re-entering the US after she left in 2010. The ban makes her inadmissible so her immigrant visa application will be denied. You will need to file a waiver for her.

[foreverheidi 3]

How long did she stay in the US after her I-94 expired when she entered on the tourist visa?

If she overstayed for more than a year, she has a 10 years ban from re-entering the US after she left in 2010. The ban makes her inadmissible so her immigrant visa application will be denied. You will need to file a waiver for her.

They gave her a employment autorization card for 1 year and also her S.S.number and after that she dind han any deportation and she stay nearly 5 years after her i-94 expired

[Jojo92122 1,924]

They gave her a employment autorization card for 1 year and also her S.S.number and after that she dind han any deportation and she stay nearly 5 years after her i-94 expired

This doesn't mean much. When your wife file to adjust her status, she probably apply for an Employment Authorization Document (EAD). The EAD allowed her to get a SS number. Neither documents allows her to stay in the US. Filing the I-864 (Adjustment of Status - AOS) allowed her to temporary stay in the US. When the AOS was denied, her entire time after the I-94 expired became days of unlawful presence. Five years of unlawful presence means a 10 years ban after leaving the US. Your wife probably has a 10 years ban.

You don't need to be deported to have a ban.

[JimVaPhuong 4,863]

They gave her a employment autorization card for 1 year and also her S.S.number and after that she dind han any deportation and she stay nearly 5 years after her i-94 expired

Jojo is right. She's got a 10 year ban for that length of overstay. She either needs to remain outside the US for ten years or get an I-601 waiver before she'll be able to get a visa. Once the I-130 petition is approved you can finish the processing with the NVC, and she can go to the visa interview at the US consulate, but the visa will be denied because of the ban. You need to prepare the I-601 waiver request and she's got to be ready to hand it to the consular officer as soon as the visa is denied.

English is obviously your second language, and I-601 waivers can be difficult even for someone who speaks perfect English. I strongly suggest you hire a lawyer who specializes in these waivers to help you.

[Brother Hesekiel 2,236]

More to the point, you will need an immigration attorney who is specialized in waiver cases. Just a warning upfront: they are very expensive and usually do not give you any guarantee that they will be successful.

In order to get an I-601 waiver approved you, the U.S. citizen will have to show that your wife not being with you in the United States will mean an almost unbearable burden to you. Again, it's all about you, the U.S. citizen, not your wife, the foreigner.

Secondly, you will have to show that's it's nearly impossible for you to move to Mexico to stay with your wife.

Let me give you an example where getting such a waiver approved is highly likely. U.S. citizen is paralized and in a wheel chair. Foreign spouse has been the sole provider and caretaker for their U.S. citizen spouse for years. U.S. citizen needs medical care that is not available for them in Mexico. U.S. citizen and spouse have 11 children, all natural-born U.S. citizens, who don't speak a word of Spanish and go to U.S. schools.

It's not a walk in the park, so it takes really an expert to make a case that has a chance to be accepted.