looking for advise

[HAPPILY MARRIED 0]

My husband is in the US illegal. We worked together and dated for a year before we got married in June 2004. In March 2005 we had a baby. In Dec 2005 we learned about k-3 visas and decided to persue this. I did not have a clue where to start. so we hired an immigration lawyer. I explained the entire story to the lawyer (about my husband being illegal) and he said he had several other cases in my same situtation and that we could still apply for the K-3 no problem. The lawyer also advised us that since my husband was already here illegal there was not reason for him to return to his country until he got an interview date. So we sent in the $ and started the process. We have our I-130 approval (7/10/06) and still waiting on the

I-129 approval. We received a RFE and sent it back and got conformation that the rec'd our RFE on 7/21/06. Should we go ahead and try for the I-130 and the I-129. After reading the guidelines for the I-130 I'm not sure if we qualify and the last thing I want is for him to be deported. Although the lawyer said if he is deported it will not stop the process in anyway, just keep up apart longer. Right now we are together so I know our waiting is nothing compared to most of you alls. Another question: From reading other threads most of the time you get your Visa on the date of the interview or at least within a week. The lawyer told me to expect my husband to be gome for approx 6 months this makes no since to me. I was hoping that after we get our interview date, we could fly down together and I would be able to meet his family and he do his interview and if all goes well, be back in a maxium of 2 weeks. Any I wishful thinking?

Sorry for being so long winded>>>>

[aussiewench 9]

Did your lawyer explain in any way that your husband very well may be denied the visa and have to file a waiver due to the time he has spent illegally in the US?

[HAPPILY MARRIED 0]

Did your lawyer explain in any way that your husband very well may be denied the visa and have to file a waiver due to the time he has spent illegally in the US?

I understood we might be ask to file an I-601 at the interview since he is here illegal and was told to be perpared to pay $350 for this at the interview to keep things rolling

[aussiewench 9]

Waivers can take quite sometime to be granted, so two weeks to bring him home with you would be a long stretch Im afraid. A letter of hardship needs to be prepared for starters. But hopefully the lawyer has prepared you and your husband well, for what very likely lays ahead. I wish you and your family all the very best

[Libersolis 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

Edited August 16, 2006 by Libersolis

[HAPPILY MARRIED 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I'm sorry you feel that way be you are entitled to your opnion. I never in my life expected to fall in love with someone here illegal., but sometimes things happen that you never expect. So at least we are trying to fix the problem now instead of just ignoring it and acting like nothing is wrong. And also from other post I have read on this site I am not the first person married to someone here illegal.

[Jersey Girl 2]

Not helpful, Libersolis. We all have opinions about what should be done about people who immigrate without authorization, but these people are trying to make things right. This is not the place to get philosophical, but I venture to guess that faced with chronic unemployment, you and I might make a run for the border ourselves. Have a little compassion, because they could have more hardship to come. Hope everything eventually works out well for you, Happily Married.

[Libersolis 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I'm sorry you feel that way be you are entitled to your opnion. I never in my life expected to fall in love with someone here illegal., but sometimes things happen that you never expect. So at least we are trying to fix the problem now instead of just ignoring it and acting like nothing is wrong. And also from other post I have read on this site I am not the first person married to someone here illegal.

I realize you are in a difficult position, but one of the reasons this process takes so long is because we have to deal with situation just like this.

[raymaga 25]

Happily Married:

You do not need to apologize for your situation. Life does not always come with perfect guarantees, and your falling in love, marrying and having a child with a man is one of those situations.

You will most definitely be apart for a time. Waivers take a while to get approved. I know of several people who have been waiting for waiver approval for 5 months and longer.

All you can do now is complete all the necessary steps that will legally allow your husband to move to the U.S. You made some mistakes, but they are fixable. You will both need to be patient and strong to get through the process, but you will do it for your child's sake, I am sure.

Read the "Waivers" Forum and you will see how long other people have waited or are waiting for their waivers to be approved.

Good luck to you for a speedy process so that your family can be together legally in the U.S.

[Libersolis 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I'm sorry you feel that way be you are entitled to your opnion. I never in my life expected to fall in love with someone here illegal., but sometimes things happen that you never expect. So at least we are trying to fix the problem now instead of just ignoring it and acting like nothing is wrong. And also from other post I have read on this site I am not the first person married to someone here illegal.

I realize you are in a difficult position, but one of the reasons this process takes so long is because we have to deal with situation just like this.

I am sympathetic. Anyone who has been to poorer countries knows that the opportunties in America far outweigh those of our 2nd and 3rd world neighbors to the south. That being said it still does not make what has been done here right and creates a severe problem with the application of law in an equal manner.

[aussiewench 9]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I could understand this if the OP and her hubby where trying to still do things the wrong way. However that is not the case. The correct/legal process has been undertaken in order for him to gain legal status. Those that are in the US illegally and do try to correct the situation in the right way are punished by way of a ban and having to be denied the visa and then file a waiver. There are many reasons why people find themselves filing waivers for overstays/illegal status, many on this board included, those open about it and those that are not. They deserve the same respect as anyone else for doing things the RIGHT way.

[JenT 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I could understand this if the OP and her hubby where trying to still do things the wrong way. However that is not the case. The correct/legal process has been undertaken in order for him to gain legal status. Those that are in the US illegally and do try to correct the situation in the right way are punished by way of a ban and having to be denied the visa and then file a waiver. There are many reasons why people find themselves filing waivers for overstays/illegal status, many on this board included, those open about it and those that are not. They deserve the same respect as anyone else for doing things the RIGHT way.

Lorelle, I'm confused now. Why are some people advised that they can just adjust status since they're here... even if they are illegal.. "Elsie is confused" was advised to pursue the AOS. What am I missing??

Jen

[Libersolis 0]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I could understand this if the OP and her hubby where trying to still do things the wrong way. However that is not the case. The correct/legal process has been undertaken in order for him to gain legal status. Those that are in the US illegally and do try to correct the situation in the right way are punished by way of a ban and having to be denied the visa and then file a waiver. There are many reasons why people find themselves filing waivers for overstays/illegal status, many on this board included, those open about it and those that are not. They deserve the same respect as anyone else for doing things the RIGHT way.

Lorelle, I'm confused now. Why are some people advised that they can just adjust status since they're here... even if they are illegal.. "Elsie is confused" was advised to pursue the AOS. What am I missing??

Jen

I don't understand that either. I have no problem with this situation if a person has to at least leave the country during the application process, but how in the name of all that is lawful, can a person stay here without leaving if they have entered the country illegally?

[aussiewench 9]

I hate to be an ### for saying this, but coming here and telling us your husband is illegal and you are attempting to get him a K-3 is sort of a slap in the face to everyone here having to go through the process and doing things the legal way. You husband has violated the laws of this country and IMO should be in jail instead of applying for a visa.

I could understand this if the OP and her hubby where trying to still do things the wrong way. However that is not the case. The correct/legal process has been undertaken in order for him to gain legal status. Those that are in the US illegally and do try to correct the situation in the right way are punished by way of a ban and having to be denied the visa and then file a waiver. There are many reasons why people find themselves filing waivers for overstays/illegal status, many on this board included, those open about it and those that are not. They deserve the same respect as anyone else for doing things the RIGHT way.

Lorelle, I'm confused now. Why are some people advised that they can just adjust status since they're here... even if they are illegal.. "Elsie is confused" was advised to pursue the AOS. What am I missing??

Jen

From the OP's post they have a lawyer and the lawyer had advised them after knowing the facts of their case that K-3/CR-1 was their option and they have filed accordingly. I am guessing here but I imagine if her husband had originally entered legally/was inspected on enty that they would of been advised of AOS. If one hasnt entered legally in the first place they are not able to adjust status even if married to a USC.

HAPPILY MARRIED

Did your husband originally legally enter the US?

I don't understand that either. I have no problem with this situation if a person has to at least leave the country during the application process, but how in the name of all that is lawful, can a person stay here without leaving if they have entered the country illegally?

On reading the OP's first post she stated they were applying for the K-3 where he will be going back for the interview in his home country. The thing is, if he originally entered legally they are able to AOS without him leaving the US as he is married to a USC. But I assume this has been discussed with the lawyer after hearing their story.

Edited August 17, 2006 by aussiewench

[rickmt 0]

My question would be how can there be a legal marriage when he was in the country illigally? It would seem to me that he gave false information when they married making the marriage illegal just like him.

Just my opinion.