Married to an illegal.

[magicfly99 0]

Hello,

I'm a US citizen and have been married to an illegal immigrant (no docs) for almost a year. I've applied the I-130 and been approved.

What should we do next? Is it best for my spouse to return to her country and try to adjust her status there? Should I also apply for the K-3 visa to speed up the process?

I also heard of I601 waiver, should I apply for that one too since my spouse came here illegally?

[YuAndDan 153]

I thought I read a similar case yesterday.

http://www.visajourney.com/forums/index.php?showtopic=41951

A little searching goes a long way to finding answers.

[kitkat1 5]

What should we do next? Is it best for my spouse to return to her country and try to adjust her status there? Should I also apply for the K-3 visa to speed up the process?

I also heard of I601 waiver, should I apply for that one too since my spouse came here illegally?

Wait for notification of her interview in her home country. She cannot adjust her status in the US if she came illegally. Her visa will be denied due to her illegal presence of over 180 days and she will be told if she is eligible for the 601 waiver. If she is, you as the USC will need to prove extreme hardship to you if her visa is not approved and you are forced to permanently relocate to her country. During the time that you are waiting for news on her waiver, she will need to remain in her country.

Best place for waiver information is immigrate2us.net. You should also talk with an attorney regarding the waiver process, waiting time and approval rates in her country so you have an idea of what you are up against, as well as an understanding of the potential changes in the process due to proposed immigration reform.

[dmartmar 1]

Is it best for my spouse to return to her country and adjust her status there? Should I also apply for the K-3 visa to speed up the process? Should I apply for an I601 waiver, since my spouse came here illegaly?

Yes, yes and yes.

[magicfly99 0]

Is it best for my spouse to return to her country and adjust her status there? Should I also apply for the K-3 visa to speed up the process? Should I apply for an I601 waiver, since my spouse came here illegaly?

Yes, yes and yes.

Can i file I601 while K3 pending?

[dmartmar 1]

Can I file the I-601 while the K3 is pending?

Yes.

Your case though, will need an atty. at some point and time.

[zyggy 9]

Can I file the I-601 while the K3 is pending?

Yes.

Your case though, will need an atty. at some point and time.

Ummm no.. you can fill out the I-601 and have it ready, but it will not be accepted and subsequently adjudicated until the visa is denied at the Consulate. I agree that one should have an attorney guide you through the I-601 waiver preparation.

[magicfly99 0]

Can I file the I-601 while the K3 is pending?

Yes.

Your case though, will need an atty. at some point and time.

Ummm no.. you can fill out the I-601 and have it ready, but it will not be accepted and subsequently adjudicated until the visa is denied at the Consulate. I agree that one should have an attorney guide you through the I-601 waiver preparation.

can i file 129F while my spouse remains in the US? Would it be a faster route to go with I130 and AOS at her country since it's already been approved?

[kitkat1 5]

can i file 129F while my spouse remains in the US? Would it be a faster route to go with I130 and AOS at her country since it's already been approved?

Yes but it will only benefit you if interviews for K3s are faster in her country than for CR1s. Otherwise, filing the I-129F as well means she'll end up with a non-immigrant visa and you'll have to adjust status here after waiver approval.

Start by consulting a qualified attorney so you understand the options.