I130 application

[naha 0]

Hello all. I need help understanding what comes next after I130 gets approved and what papers do I need to get ready with. Appreciate your time friends.

[jkelly07 120]

you should read the guides,what is the 1-130 for? YOUR SPOUSE, your children? your parents,your brother.sister for relative.ther are different forms for spouse,let us know, and look at the forums.

[naha 0]

The I130 is for my husband. He was here in the United States for 20yrs and was deported last week and I have filed the I130 in December of 2011. Will my case be different that it will take long to process or do I have a chance.

[jkelly07 120]

sorry i can't help you on that , i belive you should talk to a lawyer,if he was deported.

[Penguin_ie 5,994]

*** Moving from K3- an obsolete visa- to CR-1 spousal visa ****

Your process will be the same as anyone else up until interview, see Guide here: http://www.visajourney.com/content/i130guide1. He will be denied at interview due to the deportation. Then you will need to file a waiver. How difficult that will be depends on why he was deported (overstay, crimes, etc), and what kind of bars he has (for example, with an overstay, there is a 3 year bar for 180-365 days, or a ten year bar for 1 year+ overstay). The fact that he was deported, as opposed to leaving by himself/ getting voluntary departure will make things more difficult. Check out our waivers forum here: http://www.visajourney.com/forums/forum/113-waivers-i-601-and-i-212-and-administrative-processes-221g/ and you may want to post the details of why he was deported and timeline of events there for best advice.

[canadian_wife 1,822]

The I130 is for my husband. He was here in the United States for 20yrs and was deported last week and I have filed the I130 in December of 2011. Will my case be different that it will take long to process or do I have a chance.

Like Penguin said, your case will be different at the interview, it would help us help you if you told us why he was deported.

With what you've said thus far, you are looking at a lengthy process.

More information about your husband will be helpful

Good luck

Edited June 1, 2012 by canadian_wife

[naha 0]

Thanks for the info. My husband entered in the US in 1992 legally then applied for asylum and was denied in 1997 failed to go to court due to his lawyer never sending him his denial case and was odered to deport in 1998. Then waited for an appeal to be done by his lawyer but he never appealed it and said my husband failed to come to court so he over stayed his deportation by 14 years. No criminal or felony background and has been filing taxes since he has been here for the past 20yrs and has a child from previous marriage. Do you think it will take 10yrs for him to come back or will he have a chance coming back in 2 to 3 years with hardship. Right now I am waiting for I130 to get approved and its been since december. Please tell me the truth will it be a long wait for him. We just got married in 2010. Tell me what will happen next after the I130 and what papers will I need to be ready with. I am leaving to visit him in Yemen soon. What can I do there and what do I need him to take care of before I come back to the US.

[canadian_wife 1,822]

Wow, you need a lawyer as it seems he might be a deportation absconder which drastically complicates your case.

You are in for a long journey

good luck

[Penguin_ie 5,994]

Yep, lawyer time. I realise he's been burnt with a bad lawyer before and is probably reluctant to hire another, but this case is too complicated and you don't want to mess it up. He may well have bans other than the ten year one for over stay as well- for the deportation, for possibly lying in the asylum case etc.

The hardship waiver will depend on what hardship there is on you, the USA- ie why would it be a extreme hardship for you not to have him with you in the USA (missing him is not enough)? Why can you not move to Yemen or a third country with him?

[pushbrk 12,911]

*** Moving from K3- an obsolete visa- to CR-1 spousal visa ****

Your process will be the same as anyone else up until interview, see Guide here: http://www.visajourn...ent/i130guide1. He will be denied at interview due to the deportation. Then you will need to file a waiver. How difficult that will be depends on why he was deported (overstay, crimes, etc), and what kind of bars he has (for example, with an overstay, there is a 3 year bar for 180-365 days, or a ten year bar for 1 year+ overstay). The fact that he was deported, as opposed to leaving by himself/ getting voluntary departure will make things more difficult. Check out our waivers forum here: http://www.visajourn...processes-221g/ and you may want to post the details of why he was deported and timeline of events there for best advice.

Actually, because of the deportation, it is not the I-601 waiver that is needed, so no need to wait until the interview. Hire a lawyer now, who is familiar with family based visa cases with deported beneficiaries. This is not a do it yourself case. Better to get guidance over at immigrate2US.net for this kind of case but you're still going to need an attorney.

[NigeriaorBust 4,087]

You will need a good lawyer. One that specialized in this type of thing. Also going and staying with him for any significant period may make a waiver harder as you are showing that you can live in his country. ( one of the keys of a waiver is that you can't live there ) There is another group that specialized in the difficult waiver cases. Immigrate2us.net you should head over there. They have a lawyer that gives free chats on Weds. nights.