My husband of 2 yrs & father of my son for 4 yrs has recvd his approved I-130 July 2007. We were told that his visa packet which he has recvd is invalid due to the fact he has resided in the US for 2 yrs (due to our marriage). He must go back to his country & go to the embassy & hopefully they will pardon him & give him a visa (Cannot return for up to 10 yrs in Mexico, it may take up to 10 years). My husband is a family man (which also raises my older 2 children from previous marriage-no financial support from that marriage), law abiding & has even taught himself within 2 yrs to speak & write english. We want to do the right thing but we are in sorrow that he will have to be without his family for up to 10 years.
:( Has anyone been thru this? .

You might need to seek legal assistance on this one

I am so sorry to hear this , but you really should seek legal assistance in your situation.

Wish you luck in your future.

Sounds like your husband entered the US illegally.... if so then he was not inspected at entry, that means he can not file for AOS based on a marriage to a USC....

He will have to return to his home country and you will need to do the CR1/IR1 route and file for a wavier to get over the 10 year ban on his return to the US...

You need to get good immigration advice from a Lawyer....


Kez

I also recommend seeking a good immigration lawyer. A lot of lawyers will give free consultations in order for you to figure out whether or not you want to work with them. While the 10 ban is a real threat, it does not have to happen to your family. He will have to go back to Mexico for the visa interview, and he will be denied at first for having entered the US illegally, but many couples have successfully filed hardship waviers (need to prove that your husband not being in the US with you would cause extreme hardship to you and your children, and a good lawyer can help you fill out the form and write the letter properly) and have been able to be reunited in much, much less than 10 years. Good luck with your journey!

Morra, please visit www.immigrate2us and/or speak with a lawyer before sending your husband out of the country. At immigrate2us.net, there is a section called I-601 - Mexico. There are many people there that are dealing with this same situation and they'll give you the answers you need. My husband and father of my children will also have to go to Mexico for his interview, and immigrate2us.net is the number one place I get information from.

Hi,

Need a personal expereinced attorney here.

Jigi

Hello, yes wnw is right...gpot tpo the web site and i'm sure you will find many answer for u right now....
But before u do anbything plz see a attorney specialist on waiver's..its important to have a good one.

good luck!