I am new to this forum, and depressed. Married Dec. 2004; husband present in the US without inspection. I was unaware of the expiration of the 245i until I researched the USCIS website. I was shocked to find out about the 10 year ban on re-entry.
After consulting lawyers, the waiver process was explained to me. I filed the I-130 in 2005 and we received notice of I-130 approval but I have not completed the Affadavit of Support.
I am discussing this option with my husband although it is possible due to the passage of time that our case has been filed as closed.

My husband has consulted another lawyer who believes that it is advisable to wait for the Reform, rather than "self-deport" and hope for approval of the waiver. (In our case, it would be the 212?) My belief is that we should proceed with the law as it stands because he has already left California twice to work in Miami and he is probabaly going to return there since he has been unable to find work here without a work permit. (We pay taxes using an EIN)

My health is complicated; I had back surgery in July 2006 (my husband took care of me for 3 months, and then returned to Miami) and I have an elderly father with dementia, for whom I am legally responsible. My mother had colon cancer in 2004, and is still considered at risk. I was divorced with a 4 year-old daughter when we met. My daughter is extremely attached to her "tio" (uncle in Spanish) and the latest separation of 6 months while he worked in Miami was not only difficult for me when I returned to work post-surgery, but hard for her because she says we are a family. My husband came back because I am severely depressed, in pain, and unable to "get over it." (I apologize for the boring detail but I would be interested to know if these qualify as hardship.)

I do not understand about the K-3. I do not believe this applies to our case, but if I am wrong, could someone please let me know.

Also, since I have not received any further notice for either the Visa center or any other CIS department, is it possible my case is still open?

Start by reading the guides and the USCIS site on visas here:http://www.travel.state.gov/visa/immigrants/types/types_1315.html#3d

K3 is just another option for a spousal visa - it results in a non-immigrant visa meaning there is further adjustment of status required in the US before he can work, etc. At some consulates, K3 appointments are given faster than CRI/IR1appointments (the I-130 results in a CR1 or IR1 depending on how long you have been married). Therefore some people file both.

Your husband will be denied at his consular interview and if he qualifies he will file the 601 waiver. (212 waiver is for people who have been deported). You will provide a harship letter proving, with documentation and evidence, extreme hardship to you if his visa is denied. Your health and family issues will be a big part of your harship letter.

Questions you need to get answered:

What are approval rates in Nicaragua for 601 waivers?
How long does 601 waiver processing take in Nicaragua?
If you haven't paid your visa bill and your case was approved two years ago, do you need to start over? My guess is yes.

Once you know more about the waiver process in Nicaragua, you can make an educated decision. Since there is no information available about waiver processing on their website, you'll have to search around quite a bit. Check out immigrate2us.net in the 601 forum and read through the hardship letters that are posted there to get an idea of what you would need to provide and to see if anyone else has filed there.

Also read through attorney Laurel Scott's 601 memo. You might even consider a consult with her to see if she knows anything about approvals and timing in Nicaragua. http://www.visacentral.net/I601Memo.pdf. She also has a free chat on Wednesday mornings -- www.visacentral.net

Keep in mind that there is no way to know if immigration reform will cover illegal presence while still in the country so it's a gamble. He is currently deportable and that is a risky situation. If he is deported, that adds to the waivers you will need.

Good luck.

THANK YOU!! this is extremely helpful; I had not considered looking into approval rates for Nicaragua and I did read about the Visas but I was confused about the difference between the K-3 and the CRI/IR1.

you are very kind and I appreciate the time you took to reply so extensively to my first post.

(I can't figure out how to PRINT your reply!!)

It looks like Nicaragua sends 601 waivers to Honduras to be processed. (more here http://www.ilw.com/immigdaily/digest/2006,0724.shtm)

That's not bad news since the Honduras website says it takes 6-8 months (could be much, much worse). Also, their site provides some basic information: http://honduras.usembassy.gov/english/miss.../timeframes.htm

Now you need to find out what their approval rates are like.

Use your mouse, and mouse over the words, then a right click, copy, put onto a word document, save and then print.
good luck

I understand your hardships with your family situation. But how is it going to look when you say that he's there to help you, but lives on the other side of the US?? And that he comes back like after 6 months? I believe somewhere down the line you guys will have to prove the validity of your marriage, and living separate when you need him most seems weird. Your daughter not calling him dad, but uncle will also raise questions.

Proving the validity of the marriage is most likely the least of the OPs worries. It's not completely unusual for people to temporarily relocate for work - it may raise some red flags but it's not the only issue involved with proving the marriage.

Chances are the child is not his daughter and therefore she refers to him as Uncle.

I am amazed at the information you are able to find. thank you. the link to the digest did not work for me but I will do a search for it, and read up on it.

If the 601 is sent to Honduras, does that mean that he goes to Honduras for the interview?

Regarding calling him Uncle instead of Dad is due to an existing family relationship. She knew him as uncle when we met and as mentioned by KitKat, she is not his biological daughter.

Also, we have spent more time living together than apart, but I appreciate your point of view on this. It had not occurred to me that it might be considered a red flag.

Here's what the ILW post said:

Immigration Daily July 24, 2006

Dear Editor:
Sgt. Ubau's letter (07/19/06 ID) had raised the issue of his wife's permanent residence case having been transferred from the US Embassy in Managua, Nicaragua to the post in Tegucigalpa, Honduras. In my (07/20/06 ID) letter to the Editor, I reported that I had been unable to confirm whether the Consular Section in Managua was processing visas. Today, I received confirmation from the Embassy in Managua saying that while they have no immigration officer there, they do handle both immigrant and nonimmigrant visa petitions, as follows: "Our Post does not have an immigration office. Tegucigalpa is the regional office for Posts without an immigration officer. All non-immigrant and immigrant matter are handled by us. We only transferred waiver cases to Tegucigalpa. Blanca R. Perez Ghitis, Immigrant Visa Assistant, American Embassy, Managua, Nicaragua." Since it appears Sgt. Ubau's wife requires an I-601 wavier of her unlawful presence in the US, this would be the reason her case was transferred from her native Nicaragua, to Honduras. The confusion and apparent predicament and concern about Congressmen and Senators not returning his telephone calls brings to light the simple fact that individuals who attempt to handle their own immigration matters, no matter how simple at first the matter may appear, would be well advised to seek competent legal counsel for assistance, if for no other reason than to alleviate the frustration by explaining the realities of the sometimes slow and seemingly unresponsive procedures we call our immigration "system".

David D. Murray, Esq.

So at least you now know where it will be processed and about how long it will take (from the information on the Honduras consulate site). My assumption is that the interview is in Nicaragua because they do handle immigrant visa interviews, but the waiver processing will go to Honduras. He should not need to go there for anything but you should confirm this.

A consult with an attorney experienced in waivers like Laurel Scott or Heather Poole might provide you with information on approval rates and more about the interview location.

Good Lcuk!

Kitkat!! thank you so much.

I have been in such a state of despair that I have felt completely helpless. Everything that I read or see on TV is discouraging (regarding the Reform, redadas, etc) but reading your responses have helped a lot, not only because of the valuable material that you present in your replies, but because SOMEBODY else knows what I am going through. I haven't TALKED about this with anyone; nobody who is not in the same situation could understand, not even my closest friend.

I am determined to use the law to our advantage, and hope for the best.

THE BEST OF LUCK TO YOU TOO!
SUERTE y DIOS TE BENDIGA.
marianne