visa interview scheduled but waiver not filed yet

[CVEV2014 0]

Hello everyone.

I am new to this forum. I have a few questions that I cannot find straight answers to. It is a bit of a long story...I apologize. I will try to make it as short as possible. I am going to be very honest about our situation. I hope to receive answers and information, not backlash or insults. I am a U.S. citizen and am petitioning for my husband, a Mexican native who is currently undocumented. We live in Texas, were married in Texas, and have 2 U.S. born children. We own and operate a local carpentry shop and have established a life here, but we have never been able to take a vacation or travel anywhere together. My husband has not been able to visit his family in Mexico and hasn't seen his mom in over 15 years. We decided that we would rather live free in another country than continue to live in the U.S. in bondage, so we decided to "come out of the shadows" - as the media likes to say. We have filed all of the forms...the I-130 (approved), the affidavit of support (approved), and the DS-260. We were planning on filing the I-601A, but his case is a little complicated in that he has 4 voluntary departures. We spoke to an attorney who said it was impossible that he would have 4 voluntary departures without ever being put through deportation proceedings (it is true though..I promise We sent for his FOIA years ago, but it only lists his last illegal entry/voluntary departure that happened almost 10 years ago. He suggested that we send his fingerprints to the FBI to be sure. We sent his fingerprints in about 5 weeks ago, but the FBI website says that it takes about 12 weeks to process fingerprints. Now here is the situation (finally, I know)...I just received his P4 (interview date) for his visa interview at the consulate in Ciudad Juarez. He is scheduled for January 7, 2015 (4 weeks from today). I didn't think his interview date would be so soon. I was thinking like March or April. Anyway...now I don't know what to do! We still haven't received his FBI check and we haven't sent in the I-601A. Can I reschedule the interview? If by some miracle his FBI check comes in within the next couple of weeks, do I still have time to file the I-601A? Should we wait for the Obama deferred action thing? I would appreciate any info you all may have.

Thanks!!

[rylforever 18]

hi, getting the interview moved is not so much an issue. did you ever let nvc know you are planning on filing an i601a waiver? either way let them know so you can move the date. as far as the multiple voluntary departures, i have never heard of that. you may also find some good advice and forums on immigrate2us.net it has a lot of waiver info on it and tons of people at the same stage where you are at. there are also a lot of good attorneys they can recommend to you. i would get a second opinion from another lawyer before you file the waiver.

[TBoneTX 43,058]

*** Thread moved from Introducing Our Members forum to the Waivers/AP forum, which is the best fit for this query. ***