I-130 approved NOW WHAT?

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myblueyz

Registered Users (C)
I am a USC married to a Honduras national here not inspected. We married 7/02 filed for I-130 in 8/02 got approved. I was told he cannot apply for AOS. We have been waiting now for several years because we were told he has to wait for a visa # and then an interview in Honduras at the Consulate?
 
myblueyz said:
IWe have been waiting now for several years because we were told he has to wait for a visa # and then an interview in Honduras at the Consulate?
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Who told you this? If you are a USC your spouse does not need a visa number. You should contact an attorney to see what his options are, and whether the re-entry bars apply.
 
yes we did see a lawyer and he said there is nothing to do right now. Since he came as a crewman over here he will be barred if he leaves which makes him not eligible to apply for AOS.
 
If you wait for visa#, you have to wait forever, because there is no such thing as priority date in your case.
Talk to a better lawyer.
 
What do you mean? He came here on a crab boats and had a honduras visa and a paper that was stamped when he got off to go shopping but didn't return to the ship...why is there not a prioroty date in my case?
 
he cannot apply for AOS, since he was a crewman and came here with C-1 visa. There is nothing you can do in the States. He needs to return to Honduras, face a 10-year ban on entering the US, and apply for a waiver (not guaranteed). Or live in the US illegally.
 
myblueyz said:
What do you mean? He came here on a crab boats and had a honduras visa and a paper that was stamped when he got off to go shopping but didn't return to the ship...why is there not a prioroty date in my case?
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Spouse of US citizen does not have to wait for visa #.
But the problem is he is not eligible to AOS as his visa does not allow AOS. If he didnot overstay, go back to the home country and apply through US consulate. if he overstayed long enough, talk to a BETTER lawyer.
 
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