Applying for I-130 w/ 212(a)(9)(B)(i)(II) in another country

[rissa.brazil 0]

Hello All,

This is a long introduction, so I will try to give you as much information as I have. My husband and I have been married for 2 years in Jan. We initially met when he was living in the US back in 2005. He came in through a tourist visa, and then overstayed. He married a Permanent Resident of the US and they had plans to file for his change of status. Then their marriage fell apart and that is when I came into the picture. They were divorced in June of 2006 and he left in August of 2006, not knowing this would be the wrong plan of action. He left because as you know, being an immigrant in the US is difficult, and he was not advancing himself. So he went back home, and although it was hard, we lived separate lives for a few years. He advanced his career far enough along that he now makes a very good salary for himself in Brazil (and it would be very easy for him to find work there in the US as he works in a highly specialized field). He told me to come over on a tourist visa and see how I felt about being there with him. So I legally came over to Brazil, we married, and now I am a permanent resident here. I have no job or no income. I speak very poor Portuguese and I am just struggling to be anything here. I want to go back to the US so I can continue with college and get my own career. We are trying for children, but it has been a long and difficult road. I have been struggling to maintain a pregnancy. Getting the right doctor who I could communicate with has been a huge struggle. Also, as of last month, I learned that my grandfather in the US had major health issues that put him in the hospital, with my grandmother having alzheimer's it has not been easy for my family. My aunt has given up her life to take care of them full time and my parents feel like I could be there helping.

All of this aside, my husband tried reapplying for his tourist visa back in June 2012. We have a note from the São Paulo Consulate telling us he is inadmissible for 10 years due to 212(a)(9)(B)(i)(II). We had been putting off applying for his nonimmigrant visa out of my own fears that he would be rejected. He can legally go back in August 2016, but I am afraid that I cannot wait that long anymore. I have been reading about this process and that he will have to file this waiver. But I am confused as how we can file it using the information I have provided above. We don't have an extremely difficult life here but I cannot deny that I am struggling here and feel like I am on hold. I am resigned to staying here 2 more years, but I would think the family health issues that need my immediate attention could grant us the waiver.

Any thoughts or advice? I know there are some harsh realities here, but I don't need any opinions on how we handled this in the past. I just need some sound judgement on how we could make this move through. As far as I know, our process would be sent through the Chicago Lockbox but it would be handled in Lima, Peru as the closest office to Brazil. You would think they would have an office in Rio, but they only do interviews there. Anything about the I-601 would most likely be handled in Lima.

[Hypnos 6,576]

Are you looking for a waiver for a tourist visa, or for an immigrant visa for him to be able to permanently settle in the US? If the former, you just make a written request to the consular office after a tourist visa denial; if the latter then he would need to file an I-601, as you indicate. You would need to file an I-130 and he would need to have been denied an immigrant visa due to being inadmissible before you would be able to file the I-601; expect this to take ~12 - 16 months.

Edited March 20, 2014 by Hypnos

[rissa.brazil 0]

Got all that. I'm just confused on what to put on the 601.

[Hypnos 6,576]

Your I-130 was already approved? His visa was already denied?

[NigeriaorBust 4,087]

You can't file the waiver until he is denied at interview but you can start it. You need to provide proof that it is a hardship for you to live there. You have stated a few examples , you just have to document them very well. You will also need to be able to prove you can support him ( or have someone to do that for you )

[rissa.brazil 0]

He was denied for a tourist visa with the 10 year ban. They told me to reapply for him under a nonimmigrant visa, but I'm guessing that the ban will still be in effect regardless of the type of visa.

[Hypnos 6,576]

That's true, it's just the waiver method that differs depending on whether you're seeking an immigrant visa or a nonimmigrant visa.

Regardless, your I-130 needs to be approved and then the actual visa needs to be denied before you can submit the I-601, and since that's going to take over a year then it's something you should start immediately. You used to be able to file them concurrently, but you can't do that anymore.

Edited March 23, 2014 by Hypnos