Will my husband have to go back to his country?

[adan_and_carrie 0]

Comments please. Okay… my husband came into American illegally from Honduras in 1999. He got married in February of 2001 and she petitioned for him, the I-485. Well, she was unfaithful and he decided to divorce her… she told him that she would still go with him to his interview, but he told her, “No…I didn’t marry you for papers, I married you because I lovED you”. So he just left his case alone, never doing anything with it. Well, we got married October of 2005 and I filed papers for him I think in February of 2006 and we just went for his interview July of 2007. The officer told us that for him to became a permanent resident, the I-485 papers would have had to be sent in by April of 2001. And the only thing really to do is for him to go back to Honduras and for me to request a VISA for him. I just don’t know what I’m going to do because he is the provider, and a really good one at that. And also, we just had a baby girl in April 2007. He also has a 6-year-old with the woman he was first married to and we have full custody of him. Has anyone else ever gone through this? I just don’t know what’s going to happen and I don’t want to lose him!!!

[Kez/JWolf 6]

The only way for him to come here legally and do AOS is for him to go home..... you should have a interview with an immigration lawyer so that you can be aware of all the issues that your case will have....

If he was to get caught then you would have no choice about being apart.....

you have some very hard choices to make to sort this one out....

Good Luck

Kez

[athena_ny 1]

Comments please. Okay… my husband came into American illegally from Honduras in 1999. He got married in February of 2001 and she petitioned for him, the I-485. Well, she was unfaithful and he decided to divorce her… she told him that she would still go with him to his interview, but he told her, “No…I didn’t marry you for papers, I married you because I lovED you”. So he just left his case alone, never doing anything with it. Well, we got married October of 2005 and I filed papers for him I think in February of 2006 and we just went for his interview July of 2007. The officer told us that for him to became a permanent resident, the I-485 papers would have had to be sent in by April of 2001. And the only thing really to do is for him to go back to Honduras and for me to request a VISA for him. I just don’t know what I’m going to do because he is the provider, and a really good one at that. And also, we just had a baby girl in April 2007. He also has a 6-year-old with the woman he was first married to and we have full custody of him. Has anyone else ever gone through this? I just don’t know what’s going to happen and I don’t want to lose him!!!

Follow Kez' advice, but also read the waiver forum, since you will most definitely need one.

[nane1104 146]

This is a tough one. Sorry, I don't have any advice for you and don't want to say anything wrong, but I wish you all the best and hope, you will find a good solution for your situation!!

[kitkat1 5]

Go to the 601 forum on www.immigrate2us.net.

He is not eligible to adjust his status in the US due to his illegal entry (this is clearly stated on the I-485). You're lucky that he was not deported at the AOS interview. Since the paperwork wasn't submitted by the 245i cut off date, he has no other option.

You need to arrange for the approved petition to be transferred to his consulate. Once they have an visa interview appointment for him, he will leave the US and go there. He will be denied due to his illegal presence and told if he is eligible to file a waiver. If so, you as the USC are required to prove extreme hardship to you if his visa is denied. This is a hardship letter with evidence and documentation. Once submitted along with fees and fingerprints, it will take 6-8 months for waiver processing. During that time he cannot re-enter the US.

Start reading attorney Laurel Scotts 601 waiver guidelines on her website: www.visacentral.net

I would also strongly recommend a consultation with her or another qualified attorney who has experience in filing 601 waivers, especially in Honduras, to be sure you are 100% clear on the correct process and whether or not he will be eligible to file a waiver.

Also read the Honduras US Embassy website for more information regarding waiver processing (#8 Processing of Waiver Requests for Ineligible Applicants: http://honduras.usembassy.gov/english/miss.../timeframes.htm

[GabachaYucateca 0]

If he entered without inspection (EWI) you can't file the adjustment of status for him. The only way that you can adjust status for your spouse is if he came in legally, but then overstayed his visa.

What happens in this case is, generally, you file for a spousal visa for him (either K3 or IR1, or CR1). He'll have to go back to Honduras for the interview, but he can continue to stay in the US. Of course, he's still at risk of being deported, but then again, he always has been. They'll deny the visa and tell you if you're eligible to file a hardship waiver (I601). He will have to stay in Honuduras while they adjudicate that waiver...the length of time depends on the country. The hardship waiver needs to be why you, as the US Citizen cannot relocate to Honuduras.

But yes, since he entered EWI, he will not be able to adjust status based on his marriage to you. Lots of people file the spousal visa petition and then their partner stays in the US until they have to go back to their country for the interview.

Check out immigrate2us.net. There are many people in this situation over there and you can get a lot of info about filing a waiver if you are indeed eligible. There's also a lawyer who does email and phone consults named Laurel Scott who can help.

[maryandatif 0]

Comments please. Okay… my husband came into American illegally from Honduras in 1999. He got married in February of 2001 and she petitioned for him, the I-485. Well, she was unfaithful and he decided to divorce her… she told him that she would still go with him to his interview, but he told her, "No…I didn't marry you for papers, I married you because I lovED you". So he just left his case alone, never doing anything with it. Well, we got married October of 2005 and I filed papers for him I think in February of 2006 and we just went for his interview July of 2007. The officer told us that for him to became a permanent resident, the I-485 papers would have had to be sent in by April of 2001. And the only thing really to do is for him to go back to Honduras and for me to request a VISA for him. I just don't know what I'm going to do because he is the provider, and a really good one at that. And also, we just had a baby girl in April 2007. He also has a 6-year-old with the woman he was first married to and we have full custody of him. Has anyone else ever gone through this? I just don't know what's going to happen and I don't want to lose him!!!

I would consult an attorney. They might be able to tell you about cases similar to yours.

Mary K.