Approved I-130 next step DS-260

[DriMacias 1]

I have a family member who is in the process of obtaining a GC for her spouse. She’s a US citizen. (naturalization)

Although after looking over her paperwork I don’t know if she has filed correctly or missed a form.

 

When I filed for my husband, we filed I-130, I-485, I-131, I-765 and I-601(because he overstayed but had a legal entry).

 

Her attorney only filed I-130 which has been approved. But no other form. They have an appointment at Ciudad Juarez for a visa interview and they need to file DS-260, my concern is; isn’t that a tourist visa, he’s currently married and living in the US with his wife(US Citizen). Shouldn’t they have filed at least the I-765 application for permanent residence and I-601 waiver.(entry without inspection his case)

 

How would a visa be approved if he resided in the US and will not be migrating here since he resides here?

 

 

[hunny&me 274]

12 minutes ago, DriMacias said:

I have a family member who is in the process of obtaining a GC for her spouse. She’s a US citizen. (naturalization)

Although after looking over her paperwork I don’t know if she has filed correctly or missed a form.

 

When I filed for my husband, we filed I-130, I-485, I-131, I-765 and I-601(because he overstayed but had a legal entry).

 

Her attorney only filed I-130 which has been approved. But no other form. They have an appointment at Ciudad Juarez for a visa interview and they need to file DS-260, my concern is; isn’t that a tourist visa, he’s currently married and living in the US with his wife(US Citizen). Shouldn’t they have filed at least the I-765 application for permanent residence and I-601 waiver.(entry without inspection his case)

 

How would a visa be approved if he resided in the US and will not be migrating here since he resides here?

 

 

Review the I-130 filed as the information is asked there:
  vs 

[appleblossom 2,803]

11 minutes ago, DriMacias said:

I have a family member who is in the process of obtaining a GC for her spouse. She’s a US citizen. (naturalization)

Although after looking over her paperwork I don’t know if she has filed correctly or missed a form.

 

When I filed for my husband, we filed I-130, I-485, I-131, I-765 and I-601(because he overstayed but had a legal entry).

 

Her attorney only filed I-130 which has been approved. But no other form. They have an appointment at Ciudad Juarez for a visa interview and they need to file DS-260, my concern is; isn’t that a tourist visa, he’s currently married and living in the US with his wife(US Citizen). Shouldn’t they have filed at least the I-765 application for permanent residence and I-601 waiver.(entry without inspection his case)

 

How would a visa be approved if he resided in the US and will not be migrating here since he resides here?

 

 

 

Adjustment of status isn't an option for him if he entered without inspection, so it will be a different process than your husband's. So the DS-260 is correct (DS-160 is for tourist visas, DS-260 is for immigrant visas), I-485/I-765 aren't relevant for him. Sounds like he will need a waiver though but that will be determined at interview. 

[DriMacias 1]

It looks like 62 was filled out. Would he not have benefited from adjusting in the US giving that he resides here? Is there an advantage from one to the other. If denied he wouldn’t be allowed back into the US, correct?

[appleblossom 2,803]

Just now, DriMacias said:

It looks like 62 was filled out. Would he not have benefited from adjusting in the US giving that he resides here? Is there an advantage from one to the other. If denied he wouldn’t be allowed back into the US, correct?

 

As above, if he entered without inspection he's not eligible to adjust status. Consular processing was their only option. 

[OldUser 6,978]

3 minutes ago, DriMacias said:

It looks like 62 was filled out. Would he not have benefited from adjusting in the US giving that he resides here? Is there an advantage from one to the other. If denied he wouldn’t be allowed back into the US, correct?

Yes, if he's denied, he's not coming to the US any time soon. But that's the only option to get legal status if he entered without inspection.

[Family 4,065]

You mention you are a US Citizen and your own recollection for your spouse is that he filed I-485 and an I-601 for ULP/unlawful presence …there is something off with that since ULP is forgiven for immediate relatives adjusting.

 

You can best help your friend by encouraging her to get a few attorney consultations OR have her put ‘hands on ‘ her DIY case.

 

Her husband needs an I-601 A  ( not a I-601) provisional waiver filed immediately…and he should not leave for consulate interview before approval. 
 

An I-601 A can only be filed AFTER the I-130 is approved and IV invoice fee is paid. She can hold off completing the DS-260 until after I-601 A is approved , or do entire NV docs now and just update down the road after waiver approval. It will take at least a couple of years

 

Edited December 4 by Family

[DriMacias 1]

Correct, the only difference is my husband had a legal entry, he just overstayed his visa. My cousin’s husband had an entry without inspection She’s the US citizen and they are married. 

[Family 4,065]

1 minute ago, DriMacias said:

Correct, the only difference is my husband had a legal entry, he just overstayed his visa. My cousin’s husband had an entry without inspection She’s the US citizen and they are married. 

Yes, I understood your husband was inspected/ had legal entry…thus he did NOT need I-601 you said you filed. ..but he could adjust. 

 

Your cousins husband EWI entry means he must now file I-601 A and after it’s approved he goes for consular interview.

 

[SalishSea 17,970]

22 minutes ago, DriMacias said:

Correct, the only difference is my husband had a legal entry, he just overstayed his visa. My cousin’s husband had an entry without inspection She’s the US citizen and they are married. 

That’s why he cannot adjust status/interview in the US.

[DriMacias 1]

32 minutes ago, Family said:

Yes, I understood your husband was inspected/ had legal entry…thus he did NOT need I-601 you said you filed. ..but he could adjust. 

 

Your cousins husband EWI entry means he must now file I-601 A and after it’s approved he goes for consular interview.

 

You are right, 

Our process became a little more complex when we found out that my husband’s ex had listed them as married on their tourist visa applications. Instead of stating they lived in a civil union(unmarried); we had to provide tons of documentation from Mexico and even get married in MX to prove he wasn’t married since they won’t allow someone to be married more than once. It was an ordeal but luckily we all worked together to provide the needed evidence. I think that’s when that pardon came into place. But not 100% sure. It was a very complicated process. But yes I do recall them saying it wouldn’t have been needed had the overstay been the only issue.

[DriMacias 1]

48 minutes ago, Family said:

You mention you are a US Citizen and your own recollection for your spouse is that he filed I-485 and an I-601 for ULP/unlawful presence …there is something off with that since ULP is forgiven for immediate relatives adjusting.

 

You can best help your friend by encouraging her to get a few attorney consultations OR have her put ‘hands on ‘ her DIY case.

 

Her husband needs an I-601 A  ( not a I-601) provisional waiver filed immediately…and he should not leave for consulate interview before approval. 
 

An I-601 A can only be filed AFTER the I-130 is approved and IV invoice fee is paid. She can hold off completing the DS-260 until after I-601 A is approved , or do entire NV docs now and just update down the road after waiver approval. It will take at least a couple of years

 

Okay, I see the big difference being; how they were admitted. 
I was taken back, that he’d have to leave. No one has mentioned the I-601A form to her. She already paid an attorney 4k for the initial

process and now that the first form was approved. (Maybe they were getting around to the other form after the other payment) They are requesting another 7k to continue the process, just seemed really steep! & different from my process. But the circumstances were different. So totally understand now. 

[Family 4,065]

17 minutes ago, DriMacias said:

Okay, I see the big difference being; how they were admitted. 
I was taken back, that he’d have to leave. No one has mentioned the I-601A form to her. She already paid an attorney 4k for the initial

process and now that the first form was approved. (Maybe they were getting around to the other form after the other payment) They are requesting another 7k to continue the process, just seemed really steep! & different from my process. But the circumstances were different. So totally understand now. 

It’s crappy, but so many attorneys have questionable  “ bedside “ manners. 
I don’t fault lawyers for setting their own fees but they are failing her as far transparency and quality work. 
By now she and her legal team should have put together the mountain of evidence for waiver and ready to file… that almost always involves some treatment/evaluation ( a few months) for the emotional psychological hardship.

 

Its also hard to determine what she and husband understood when they paid their $4k and signed that I-130 that clearly says it’s consular processing….but they can always look around for another attorney and may even find better help

[Family 4,065]

35 minutes ago, DriMacias said:

You are right, 

Our process became a little more complex when we found out that my husband’s ex had listed them as married on their tourist visa applications. Instead of stating they lived in a civil union(unmarried); we had to provide tons of documentation from Mexico and even get married in MX to prove he wasn’t married since they won’t allow someone to be married more than once. It was an ordeal but luckily we all worked together to provide the needed evidence. I think that’s when that pardon came into place. But not 100% sure. It was a very complicated process. But yes I do recall them saying it wouldn’t have been needed had the overstay been the only issue.

Ok, that clarifies it. They found misrepresentation on the visa application, so he needed a I-601 to waive it. You better push him to N-400 as soon as qualified 😂..

[Family 4,065]

Maybe you can recommend she try your old attorney…as he put together a fast and successful waiver for your husband’s case