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justinkimjohnny

Starting Immigration Process- Spouse in US illegally

By justinkimjohnny in Bringing Family Members of US Citizens to America

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justinkimjohnny Newbie

justinkimjohnny   0

Posted
Filed: Country: Mexico
 Timeline
Posted

Can anyone please tell me where I should start.....

I have seen several discussions talking about paying an attorney...losing your money... and filing without an attorney....

My husband is from Mexico. He came to the US illegally back in 2002. He has never been caught. We have been married since November 2009. We have one child in common.

Where should I start?

Inky Grand Master

Inky   1,111

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

Hes illegal, its time for an immigration lawyer.

-------------------------------------------- as1cE-a0g410010MjgybHN8MDA5Njk4c3xNYXJyaWVkIGZvcg.gif

Your I-129f was approved in 5 days from your NOA1 date.

Your interview took 67 days from your I-129F NOA1 date.

AOS was approved in 2 months and 8 days without interview.

ROC was approved in 3 months and 2 days without interview.

I am a Citizen of the United States of America. 04/16/13

sharpcar Explorer

sharpcar   4

Posted
Filed: Timeline
Posted

i belive if im not mistaken i-130 he stays till interview he will get denied and thats when you request a waiver the bad side he will have to go back to mexico...hes gonna go for hardship waiver could take some time but if all goes well he will get green card and i have read many different cases here on visa journey within a year they were rejoined with family please do go consult a lawyer and get all the info u need and if you can go to a couple differnt attorneys...good luck in your journey

JimVaPhuong Veteran

JimVaPhuong   4,863

Posted
Filed: K-1 Visa Country: Vietnam
 Timeline
Posted

Can anyone please tell me where I should start.....

I have seen several discussions talking about paying an attorney...losing your money... and filing without an attorney....

My husband is from Mexico. He came to the US illegally back in 2002. He has never been caught. We have been married since November 2009. We have one child in common.

Where should I start?

He can't adjust status in the US because of the illegal entry. As sharpcar indicated, you can file an I-130 petition for him, but he'll need to return to Mexico for an interview. He'll incur an automatic ban of 10 years when he leaves the United States. His visa will be denied at the interview because of the ban. Once his visa has been denied then he can submit an I-601 waiver request from you. The good news is that the consulate in CDJ has an expedited process for handling I-601 waiver requests, and they're usually adjudicated within a couple of weeks (last time I checked). The bad news is that I-601 waiver requests are usually denied. You have to prove it would be an extreme hardship on YOU, the US citizen, for your husband to be denied the ability to return to the US, and that it would be impossible for you to move to his country to be with him.

Having a child together is a plus.

Talk to Laurel Scott. She specializes in I-601 and I-212 waiver cases.

http://scottimmigration.net/

12/15/2009 - K1 Visa Interview - APPROVED!

12/29/2009 - Married in Oakland, CA!

08/18/2010 - AOS Interview - APPROVED!

05/01/2013 - Removal of Conditions - APPROVED!

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

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