I-130 Approved/paid AOS Fee/ Agent chosen. whats next?

[kmsolis 0]

Hi there

I am a US citizen

married Mexican man who entered illegally.

Our petition has been approved, and we already paid for the AOS fee on may 27(so this might mean that the fee has not been processed yet) We also chose our agent and address that same day. What happens next?

I think I will have to pay the $230 next right? Is that for his visa? I am also starting to wonder what i might need for the waiver.

Thank you.

[apple21 953]

Where is your husband now? You said he entered illegally.

[kmsolis 0]

He is here in the US with me.

[apple21 953]

He is here in the US with me.

If that's the case, the i130 should not be at NVC because he doesn't need a visa anymore. Those that go thru NVC are for consular processing meaning the beneficiary is outside the US and will be interviewed at a US embassy or consulate.

Did you also file i485?

[kmsolis 0]

No, we didnt file for the i485. He came at 16 years old. did one year of HS and stayed. We married 2 years ago and filed last year. All I know is that the US department of State has given us a different case number different from USCIS.

On my receipt it says to submit a DS-260 as the next step.

[apple21 953]

Sorry but I cannot give anymore advice as your case is complicated.

I hope someone with more knowledge can intervene. Good luck though.

[kmsolis 0]

no worries. I thought our case was simple! . he needs to exit in order to change status. He came illegally as a minor. He will interview outside the country and will need proof that is need him. Thats pretty much it.

Thanks anyway

[apple21 953]

One of the NVC requirements is submitting a photocopy of the beneficiary's passport bio page along with his other civil documents (birth certificate, marriage certificate, police certificate, divorce decrees if applicable, visa photos). Can he obtain it anytime soon?

The waiver is filed after the embassy has denied his visa. You'll need an experienced lawyer for that.

[Kathryn41 3,205]

Hi kmsolis,

I am moving your thread to the Waivers forum as you state you were told your husband will require proof that you 'need' him when he interviews back in Mexico. That 'proof' is provided through a process known as a 'waiver' where you request USCIS to negate the circumstances that make him ineligible to immigrate.

There are several issues of concern, including the amount of illegal presence he has acquired while in the US which will determine the length of a mandatory ban he has earned, which is why you will need a waiver proving that you 'need' him. I am not sure if his illegal entry as a minor will also be a consideration but amount of time he has remained in the US after the age of 18 is considered 'illegal presence'.

Perhaps some of our more knowledgeable legal experts can chime in on your thread and address the possible issues of which you should be aware and help you prepare. You may find consulting an experienced and knowledgeable immigration lawyer a good move, as well.

Edited May 30, 2014 by Kathryn41

[rylforever 18]

Hi there

I am a US citizen

married Mexican man who entered illegally.

Our petition has been approved, and we already paid for the AOS fee on may 27(so this might mean that the fee has not been processed yet) We also chose our agent and address that same day. What happens next?

I think I will have to pay the $230 next right? Is that for his visa? I am also starting to wonder what i might need for the waiver.

Thank you.

you need to let nvc know you need to file i601a waiver before his interview since he is in the US. go over to immigrate2us for procedures, forums, how to's on the waivers.