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Filed: K-3 Visa Country: Mexico
Timeline

I have filed for my husband for a green card and we are just waiting on the interview date in mexico, so far up to this point i have been able to do all the paper work myself. but he is where i get confused, do we have to wait to be told to file the hardship letter or do we just have that ready for when we have the interview? and second question is the hardship letter and the i-601 go together when filing? and others have been talking about an apology for being in the U.S, does anyone know what they are talking about? (or is that part of the hardship letter?)

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Filed: IR-1/CR-1 Visa Country: Russia
Timeline

I have filed for my husband for a green card and we are just waiting on the interview date in mexico, so far up to this point i have been able to do all the paper work myself. but he is where i get confused, do we have to wait to be told to file the hardship letter or do we just have that ready for when we have the interview? and second question is the hardship letter and the i-601 go together when filing? and others have been talking about an apology for being in the U.S, does anyone know what they are talking about? (or is that part of the hardship letter?)

Your post is confusing. You cannot file for a greencard you can petition for an alien relative/spouse which is the I130, he will get an opportunity to interview for a VISA and if sucessful in entering then comes the greencard.

He will interview in Mexico and if there is determined to be an inadmissibility for an illegal entry, crime, health condition etc, he will be denied the VISA and will be given a document outlining what the inadmissibility is and if a waiver is available it will also contain that information. I believe in CDJ after the VISA is denied then he can call and schedule an appointment to turn in the I601 packet which will include the I601 form, the hardship letter and supporting evidence. Some people include a letter from the spouse in the packet which "apologizes" for unlawful presence. This is not required and if the person was brought here as a child then it would not serve any purpose to apologize for something you have no control over.

You shouldn't be "just waiting" for the interview date if you haven't already done so you should consult with an attorney to determine what exact inadmissibility your husband will be denied for. After that you need to be preparing your HSL and collecting the supporting evidence to go with it. Some cases have no waiver immediately available and must wait 10 years to file the waiver and some are permanent bars and the spouse can never return. You should know exactly what you are dealing with before the interview so your family can prepare for the results.

Good luck

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Filed: K-1 Visa Country: Mexico
Timeline

I have filed for my husband for a green card and we are just waiting on the interview date in mexico, so far up to this point i have been able to do all the paper work myself. but he is where i get confused, do we have to wait to be told to file the hardship letter or do we just have that ready for when we have the interview? and second question is the hardship letter and the i-601 go together when filing? and others have been talking about an apology for being in the U.S, does anyone know what they are talking about? (or is that part of the hardship letter?)

Hi, you're post is a bit confusing but I agree with Sergi 9. It sounds like you did I-130 petition. Your spouse will eventually have a regular visa interview where he will be denied for whatever reason and then you may be allowed to file the I-601. You can not do the 601 until you have the first interview (which will be a denial of the visa).

You probably want to check out www.immigrate2us.net as they are more focused on the 601 process (especially mexico) and you will find great information there. It's also not a bad idea to consult with a qualified attorney about this. Some consultations are free, others might run $150 - $200, but it will give you a lot of good information. the above mentioned website also has good feedback on lawyers as well, so as to make sure you speak with someone who knows what they're doing, not someone who just wants your money!

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