My wife and I are both US citizens. My wife's son is mexican. She has dual citizenship and has US citizenship by birth, however she is unable to show proof she has lived in the US for 5 yrs prior to her sons birth. So we had to go the I-130 route. (and could do the 129F because she is a us citizen)

We have I-864 form in process and still waiting for our date for Juarez.........any idea of the wait.? NVC would not comment. We still need to process the 360.00 for the visa, then we wait for the date in Juarez.

Her son has his mexican passport (SRA) and just needs the Visa. And has paper work from the mexican courts indicating sole custody of her son (hence the mexican passport)

I cant explain how frustrating all of this is. Looking for advice, we filed the I130 in the states. What can we do to speed this up? Legal advice I have received has been all over the map, and my wife (correctly so) will not leave her son in mexico so we are living great distances apart.

Advice is appreciated?

Thanks in advance

How old is the son.

Is he married.

If she is a US citizen, Then in order to pass her citizenship to foreign born sone she needs to live in US 5 years before age 16 and 5 years after. Total 10. (If married it's before and after 18). When this rule was not fullfilled some similar cases were ruled out in court in favor of US Citizens. You NEED to consult a lawer. May be also you need to go to consulate and try to see for yourself. I wouldnt give up passing citizenship. When did she live in US???.. And for how long. How old is her son?..

Her Son is 7 yrs old.

deancarolina,

What's this about doing an I-129f for your wife's son? Does he have a USC fiancee who could submit it? Neither you nor your wife can.

Yodrak

Sorry, what I was trying to say was that the 129F was not an option to us since my wife was already considered a US Citizen. We wanted to do the 129F as we guessed it faster. Or only option was to sumbit the i130.

Once the I-130 is approved, there is an approximately one year wait for an immigrant visa interview in Juarez.

Thanks for the information, not exactly what I was wanting to hear, but it is good to know.
That leaves the option open for me to immigrate to Mexico....lol might be easier.
(I set a deadline for myself, my family, and how long we would allow to be seperated)

deancarolina,

Got it, thanks for the clarification.

Yodrak