Applied for wife's I-130....please review

[Sassan]

Hi there,

New to the forum.


Wife entered the country without inspection in March 2001. We were married in Aug 2003, and were waiting for an immigration law to pass, which obviously never did. I am a naturalized citizen.

Spoke to many, many lawyers, and all said the same thing. Apply for I-130, and she would eventually have to go back to Mexico.

Mailed in the I-130 and G-325A on August 4 this year, and I got the receipt letter on Sept 13. She knew she would have to go back to Mexico, so she went ahead and left on Aug 30. The USCIS website is said that the case will be processed in a 6 month time frame, in Cali.

My questions are:

1. How close to the 6 months will this take?

2. If my lawyers were correct, she will have to go to Ciudad Juarez (across El Paso) for her interview. Will I be able to join her during the interview?


And of course....what else do I need to know?!


The lawyers all were going to charge me for nothing more than filling out the I-130, so I did it myself. However, if I need an attorney, I have NO problem getting one.


Thank you in the advance!

[AzBlk]

You might have a problem since your wife is already in Mexico. EWI plus unauthorized stay march 2001 to august 2007 will subject her to a 10 year reentry ban because of illegal presence for more than a year. You should think about filing a i 602 waiver if she is to have any chance of getting around the reentry ban.

[austriacus]

OP, did your lawers mean to suggest that she hide the fact she has been illegally in the US for all this time? Otherwise I'd have to agree with the previous poster, she'd be potentially looking at a 10-year reentry bar. Good luck and I hope we're missing something!

[PraetorianXI]

How good is your spanish? you may be looking at Living IN MEXICO with your wife for the next 10 years...

Your wife is subject to a 10 year bar from returning to the US since the date she left. Because she entered illegally (without an inspection) and you provided USCIS proof of her illegal presence (namely marriage certificate).

I would advise you to find a good lawyer and perhaps he/she can help you get a waiver for your wife. Do not go back to the ones that told you she should leave. (Did she leave by plane anyways? or across the desert?).

Do you have any children together? that may help the case.

[Sassan]

thanks for the info....


OK, I spoke to probably 50 lawyers, and ALL of them said the same thing. We apply for the I-130. She will get an interview date, which would be in Mexico. She goes to Mexico to the interview, and we apply for the waiver. The waiver is granted, and she is eligible to return with a conditional green card.

USCIS knows she was here, no doubt about it. No matter what we do, they would know. We paid taxes together, have accounts together, etc.

No, we do not have children. The burden is on me to prove that my marriage is valid. So far, I have all of our bills in both names, rental agreements in both names, financial info together, etc.

Believe me, I did not want her to leave, and she didn't really want to either, but she needed to go due to family issues. We knew she would eventually have to go, so she just went ahead and did it. We realize that there is a risk involved, but its something we had to do, instead of just sitting status quo.

ALL of the lawyers said the same thing....and all said that 99% of the cases are approved.

Thanks for the info.



And yes, I speak fluent Spanish, but nah....not going to live in Mexico! Gotta have faith!!!!!

[AzBlk]

It is generally easier to get a i-601 waiver approved while she is here. You have to prove extreme hardship to yourself if your wife is not admitted back to this country or if you have to move to Mexico to be with your wife.
Take a look at this and get some ideas

[PraetorianXI]

Were these real immigration attorneys or public notaries posing as one? (like on this thread http://www.immigrationportal.com/sho...d.php?t=266233)

You better retain counsel with a real immigration lawyer, because your case is not going to be that easy, even if you have evidence of the marriage, she is subject to a 10 year ban.

Either that, or Tacos and Tequila for 10 years!

[Sassan]

^definitely attorneys. EVERY single one said that she would have to leave for an interview in Ciudad Juarez, in Mexico. All of them said we would have to prove hardship, and would have to go for the waivers. I have heard about the notaries doing that I-130s for cheap, and I made sure to check with the state bar before speaking to these people.

I have my father's immigration lawyer in touch, and I have let him know what is going on. I have no problem paying for services.



And in 4 years of marriage, I learned to appreciate tortillas and to hate tequila!

[omar_b]

I have a friend who just went through about the same process. She is USC and her husband is Mexican. They went through the hoops, filled forms, submitted proof, etc. Two months ago they had their interview in Mexico. Let me preface this by saying that I had always heard bad things about interviews in other countries. I was worried for her. They left for Mexico on a monday and they were back on wednesday. He was nice and legal. I was stunned. She told me the experience was really pleasant. The agents in Mexico were super nice and she claims they told her that they were there to approve people and send them back to the US legally. I can't vouch for the validity of that statement but that is what she told me. I'll try to get better details from her. Regardless, they are back and he has his GC. When I was going through my own process, my lawyer adviced me that if I had to leave the country for my interview, to not do so until the last possible minute.

[joeie2000]

Put your wife's return in God's hands, he will bring her back just like he did for your friend's husband, you don't need to worry that much or let people scare you, the fact is that your wife is there already, so put your paper work together and leave the rest to God.

[Sassan]

I have a friend who just went through about the same process. She is USC and her husband is Mexican. They went through the hoops, filled forms, submitted proof, etc. Two months ago they had their interview in Mexico. Let me preface this by saying that I had always heard bad things about interviews in other countries. I was worried for her. They left for Mexico on a monday and they were back on wednesday. He was nice and legal. I was stunned. She told me the experience was really pleasant. The agents in Mexico were super nice and she claims they told her that they were there to approve people and send them back to the US legally. I can't vouch for the validity of that statement but that is what she told me. I'll try to get better details from her. Regardless, they are back and he has his GC. When I was going through my own process, my lawyer adviced me that if I had to leave the country for my interview, to not do so until the last possible minute.

Wow...thank you. Those are the kinds of things we have been told by the attorneys. We have also been told that sometimes, the consulate will penalize the applying person with a penalty of time before they are allowed to return, which is why she returned voluntarily, as a show of good faith to correct a wrong.

Please check your PM. Your post has been inspiring.

THANK YOU.

[austriacus]

So is this a specific policy applicable to Mexico? Some sort of political or administrative arrangement? Or is this applicable to other countries as well?

[PraetorianXI]

Wow...thank you. Those are the kinds of things we have been told by the attorneys. We have also been told that sometimes, the consulate will penalize the applying person with a penalty of time before they are allowed to return, which is why she returned voluntarily, as a show of good faith to correct a wrong.

Please check your PM. Your post has been inspiring.

THANK YOU.

How does a penalty of 10 years sound?

[Sassan]

How does a penalty of 10 years sound?

We understand that there could be a 10 year ban. What I am referring to is that when people are approved, they also get a time penalty of several months.

[austriacus]

For what it's worth, I found some information here, here and here regarding the waivers to the 3 and 10 year bar.