I need a bit of help

[snowball 0]

Ok, I know that every case is different, but I am completely confused, I have been researching for some time now, and I am at a loss....

Can someone tell me what to do step by step on filing my paperwork for my husband. Basically he overstayed a voluntary departure order by a year, and was deported in 2005, to Pakistan, pretty sure he has a 10 year bar... ok this is what I UNDERSTAND needs to be done, but I am not sure about the small stuff like when I need FBI clearance, or medical physical, and how do I get FBI clearance....

step 1. I-130

step 2. file I-129F, get denied at interview.

step 3. file I-601

step 4. if 601 is approved file I-485.

This is what I have but I have no idea what additional papers to file with what.. This looks wayyyy too easy.

Thanks in advance!!!

[belinda63 3,038]

Follow the CR-1/IR-1 guide at the top under guides. You do not obtain the FBI clearances the US government will do this. When he appears at his interview he will be denied the visa. After the visa is denied, assuming it is only for his overstay and deportation, you will be required to file the I-212 for the deportation and the I-601 for the overstay. I strongly recommend hiring an attorney to prepare the waivers.

[NUNI 0]

well first of all you must hire attorney atleast for waiver process,you will start from I-130 which will get approved with no problem in max six months,than you have to send additional documents to NVC which includes visa fees and affidavit of supprt fee than they will send you a packet of information to be completed and mailed back along with I -864 (affidavit of support form,once every thing is completed your husband will be sheduled for inetrview ,in which he will get denied and asked to file I-212 and I -601(this is where you need attorney ,for sure,i will recommend you to use attorney from start,but if if not than you must use attorney atleast for waiver and keep your waiver packet ready before interview it will savve you time and than your husband can file waiver same day of his interview)after filing waiver it takes 6-8 months from Islamabad these days to get an awnser....best of luck

[snowball 0]

Hi, thanks for the answers!! We plan to use an attorney for the I-601, but only for advice, we cannot afford an attorney throughout... I will prepare the hardship letter and waiver packet, and hire a lawyer, probably try to get Laurel Scott, to go over it an advise what to do (make changes, or tell if the case is strong, etc.) So pretty much, I file the I-130, and then go for an interview, and they will provide me the packets as we go?? What kind of visa are we supposed to apply for, there are so many different CR-1/VR-1 K2 K3, I am lost with that!!

I have talked to an attorney and they have told me that we do not need the I-212 because he was deported in 2005, and has been living in Pakistan for 5 years now... Did either of you file from Pakistan while living in Pakistan?? I have been living here for almost 5 years now....

[belinda63 3,038]

Visit this site for the embassy in Pakistan. It looks like you qualify for DCF (direct consular filing) so you would submit the paperwork directly to the consulate in Pakistan. I would suggest contacting them first. Also read this guide which will give you more information.

[NigeriaorBust 4,087]

Your living in his country may actually make your wavier case much harder. You have demonstrated an ability to live in his country. This is one thing most people use as the cornerstone of their hardship claim , that it is impossible for the USC to live in the spouses country. Definately get a well versed legal representive. Try iimigrate2us.net they specialize in waivers.

[snowball 0]

Thanks for the info!! I thought I might have a difficult time proving a hardship if I have been living here for 5 years, but I have a few things in my favor as far as the political situation, and absolute instability, plus I have a health problem to add, and also major saftey concerns. Do you know of anyone that did DCF from Pakistan?