How long does it take? What if I have to sign a waiver later on too? Help :(

[malutka81 0]

Hi there.

I am struggling right now and need some help. I just got married last summer to my husband in Poland and I want to get married now in the church this next summer...but I just turned in the I-130 form and filed for him. I got the notice of action paper on December 8th and was wondering how long the process takes. Once the second step is taken... How long after that can he come to America? I was told the whole second step will take 5 months..but how long after that is there any movement?

Also, my husband stayed and worked in the US illegally for a three years but self-deported himself when his employers started not paying him fully or paying him at all for his work... We tried suing them but couldn't afford it all.

Help!

[malutka81 0]

Hi there.

I am struggling right now and need some help. I just got married last summer to my husband in Poland and I want to get married now in the church this next summer...but I just turned in the I-130 form and filed for him. I got the notice of action paper on December 8th and was wondering how long the process takes. Once the second step is taken... How long after that can he come to America? I was told the whole second step will take 5 months..but how long after that is there any movement?

Also, my husband stayed and worked in the US illegally for a three years but self-deported himself when his employers started not paying him fully or paying him at all for his work... We tried suing them but couldn't afford it all. Will we have to fill out some waiver? How long after that does it take to get him here?

We both want to get married this summer and want to make sure we can do this so we both can have family fly to Poland to see this special day of ours in the church.

Help!

[NigeriaorBust 4,087]

f you just started your application today you might get lucky and be able to get him here by late late summer but I would expect it to be closer to this time next year. Petitions are taking 5-6 months just to get the first approval. Once he gets the visa it usually means he has 6 months to use it to arrive here.

[Penguin_ie 5,986]

The process, if no problem, takes about 6-10 months from filing, so August is very ambitious- late this year is more realistic.

How did he enter the USA when he was here for three years illegally? Most likely he has a ten year ban and you'll need a waiver to overcome this. He will be told at the interview; it can then take from a few weeks to a year or more for the waiver to be approved (a couple of months seem common).

You can still do your church wedding in Poland this summer because nothing is preventing you and your family from traveling to Poland and celebrating, but it seems very unlikely that your husband will be able to return to the USA with you at that time.

[Jojo92122 1,924]

It doesn't matter that your husband "self-deported." It was illegal for him to work in the US, so it doesn't matter if he left subsequently. Leaving does not forgive the fact that he violated the law by working without legal authorization.

You need to find a good immigration lawyer to help you. The illegal work and his illegal presence in the US will be a bar to him. It could be 3 years, 10 years, or life. This is not a do-it-yourself case.

[Brother Hesekiel 2,235]

The I-130 will be approved, as will be the Affidavit of Support. He then will have to a apply for a CR-1 visa in Poland. The application will ask him about his time in the USA and they will also see that you guys got married in the USA (I assume). At that point his overstay would come out anyway and the petition will be denied due to the Overstay. When he left, he triggered a 10-year bar. To overcome it, you'll need an I-601 waiver and let me tell you straight out, that is very difficult to come by.

While many things in immigration can be done without the assistance of an immigration professional, the I-601 waiver is definitely not one of them. I suggest you contact Laurel Scott, a very highly regarded immigration attorney from Texas. She has dedicated her life to I-601 waivers and knows absolute everything one can possibly know about them.

http://www.scottimmigration.net/