Application I-485

[starz87 1]

So I called USCIS to see if we could file the I-485 and they told me NO because my husband had entered illegally. He said that now all i would have to wait for was for the NVC to send me something and then they would give him his appointment in the consulate in Mexico.

He also said the since my application was already in NVC that we are almost probably done with our process (I guess)!

What do you all think???

He also said that if they did approve him in Mexcio that he wouldnt have to worry about anything cause he would just come in as a permanent resident back to the US.

[payxibka 10,044]

So I called USCIS to see if we could file the I-485 and they told me NO because my husband had entered illegally. He said that now all i would have to wait for was for the NVC to send me something and then they would give him his appointment in the consulate in Mexico.

He also said the since my application was already in NVC that we are almost probably done with our process (I guess)!

What do you all think???

He also said that if they did approve him in Mexcio that he wouldnt have to worry about anything cause he would just come in as a permanent resident back to the US.

If he entered without inspection (EWI) then he must return to Mexico to be interviwed. Because of his illegal presence, his visa will be initially refused and you will need to file a hardship waiver after the initial refusal. Get yourself educated on the waiver process and particularly how CDJ goes about it.

Edited December 10, 2008 by payxibka

[Mononoke28 134]

Yeah, if he entered illegally, the US embassy won't give him his visa so easily. A waiver has to be filed or he'll have to stay in Mexico for a while unless you can prove that you cannot afford to live in the US without his financial support.

There are several threads here on VJ regarding this issues, especially for people who came to the US illegally from Mexico.

Diana