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HELP? married and reside in USA…confused

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Hi All,

I'm brand new here. I'm also new to deciphering which "forms" to file and could use a lil help figuring out what to do.

My spouse was brought to California from Mexico by his parents when he was 5. He has been here ever since and is now 37. He eventually filed the appropriate forms but was stopped in his tracks when his original paperwork was "lost" by the immigration processors.

I am a US citizen and married my spouse back on April 5, 2014. At this point, we would like to file the appropriate forms. I understand that we should start with I-130 since we are already married and both reside in USA. But after that, I do not know what to do.

Could anyone be so kind as to set me in the right direction with a list of the appropriate forms to file?

Thanks,

J

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What did he file for, what papers were lost? Did he not keep copies?


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Correct. He has no legal status in USA, which sounds crazy since it is not like he had a choice at 5 years of age when he was brought here. USA is more his home and culture than Mexico. He is completely immersed in the American way of life. In fact, he's never been out of the US other than his first 5 years in Mexico. He speaks perfect English and contributes to society.

I'm wondering if there is any kind of appeal process so that we can articulate the nuances of his case.

Or is the only legal option demanding that he go back to Mexico? If he goes, what are the appropriate forms to file under that scenario? How long would he have to stay there?

We love each other and it is frustrating that a decision that he didn't make when he was 5 is affecting this.

Thank you for your reply, Transborderwife. I appreciate it - I have absolutely no experience with this.

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Basically he had a pass until he was 18, that was when he started accruing illegal presence.

Options depend on the details of his case, if he has just illegal presence then a I 601a.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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OK - a path. Chase a Spousal Visa. Assumption - he NEVER, EVER crossed back into Mexico and returned since age 5. If he did, this won't work.

File the I-130 with Q22 set to Cuidad de Juarez. Once approved, the file moves to NVC. Handle all NVC Doc Intake, fee payment.

After everything is done (on your side) with your submittal into NVC, chase a 601-A waiver.

Once NVC sets the appointment at CDJ, check the status of the waiver application.

About 2 weeks before the interview, cross back into Mexico, get the medical exam done.

If you are lucky, the waiver is approved prior to the interview. If not, go anyway, await the waiver afterwards in Mexico.

Other folk have gone this route - study a bit from a PC and see what their paths were.

----

If my assumption is wrong, then I don't see a path. Not saying there's not a path, just I don't see it.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

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Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

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He would return to Mexico. You would file for an IR1 which would be denied at the consulate. After that he'd likely need a waiver for unlawful presence, I-601a outlining extreme hardship to you, the USC. This can include financial hardship to you, medical hardship, any minor children that you many have etc. You need to plead your case that you cannot join him in Mexico. The fact that he's never really lived there or know the country unfortunately doesn't cut it. This is all if he entered without inspection.

If he entered on a tourist visa with some sort of proof, you can AOS in country.

Edited by Transborderwife

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OK - a path. Chase a Spousal Visa. Assumption - he NEVER, EVER crossed back into Mexico and returned since age 5. If he did, this won't work.

File the I-130 with Q22 set to Cuidad de Juarez. Once approved, the file moves to NVC. Handle all NVC Doc Intake, fee payment.

After everything is done (on your side) with your submittal into NVC, chase a 601-A waiver.

Once NVC sets the appointment at CDJ, check the status of the waiver application.

About 2 weeks before the interview, cross back into Mexico, get the medical exam done.

If you are lucky, the waiver is approved prior to the interview. If not, go anyway, await the waiver afterwards in Mexico.

Other folk have gone this route - study a bit from a PC and see what their paths were.

----

If my assumption is wrong, then I don't see a path. Not saying there's not a path, just I don't see it.

Said much more eloquently than I. Should he go ahead and file the provisional waiver before he leaves?

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Said much more eloquently than I. Should he go ahead and file the provisional waiver before he leaves?

If eligible.

Without knowing the details very dangerous to suggest any one cause of action.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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I believe he is supposed to wait in the USA until the I-601A is approved. At the very least it must be filed beforehand.


You have brains in your head. You have feet in your shoes. You can steer yourself any direction you choose.  - Dr. Seuss

 

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Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

 

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He would return to Mexico. You would file for an IR1 which would be denied at the consulate. After that he'd likely need a waiver for unlawful presence, I-601a outlining extreme hardship to you, the USC. This can include financial hardship to you, medical hardship, any minor children that you many have etc. You need to plead your case that you cannot join him in Mexico. The fact that he's never really lived there or know the country unfortunately doesn't cut it. This is all if he entered without inspection.

If he entered on a tourist visa with some sort of proof, you can AOS in country.

He would return to Mexico a few weeks prior to the interview, and that I-601-A is required if'n they wish to be successful. He does not have to return to Mexico for the I-130 to be filed, or for NVC doc intake.


Sometimes my language usage seems confusing - please feel free to 'read it twice', just in case !
Ya know, you can find the answer to your question with the advanced search tool, when using a PC? Ditch the handphone, come back later on a PC, and try again.

-=-=-=-=-=R E A D ! ! !=-=-=-=-=-

Whoa Nelly ! Want NVC Info? see http://www.visajourney.com/wiki/index.php/NVC_Process

Congratulations on your approval ! We All Applaud your accomplishment with Most Wonderful Kissies !

2mzcunl.gif

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Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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