Why would he have to go home for the interview? It all depends on how your husband initially entered the US. If he entered the US (even 10 years ago) on a valid visa, then you can adjust status from within the US...even 10 years later.(You file the I-130 and I-485 concurrently.) Overstays are forgiven upon marriage to a US citizen.
If he came into the US without inspection (what is termed illegal) he does not have this option, and will have to return to home country for the visa interview, which as you correctly state will be denied. At that time, the CO will inform him of his waiver eligibilities.
The hardship letter will need to be written by the USC (with the help of a lawyer if you have one) demonstrating why the USC can't move the the foreign beneficiary's country and reside there.
It is my understanding that waivers are pretty lengthy procedures, but I don't know specific time frames. Maybe someone who knows more can chime in.
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yes, he entered illegally 10 years ago.. we have been together almost 3,and married for 1 year next month, so we have it all started... I know he has to go home in order to come back.. I guess i have to write the hardship letter... i am so stressed out over all this stuff. But all these posts have helped!!I just dont want him stuck home for months! any advice!!!
-P