HELP? married and reside in USA…confused

[J-lush 0]

Hi All,

I'm brand new here. I'm also new to deciphering which "forms" to file and could use a lil help figuring out what to do.

My spouse was brought to California from Mexico by his parents when he was 5. He has been here ever since and is now 37. He eventually filed the appropriate forms but was stopped in his tracks when his original paperwork was "lost" by the immigration processors.

I am a US citizen and married my spouse back on April 5, 2014. At this point, we would like to file the appropriate forms. I understand that we should start with I-130 since we are already married and both reside in USA. But after that, I do not know what to do.

Could anyone be so kind as to set me in the right direction with a list of the appropriate forms to file?

Thanks,

J

[Transborderwife 4,666]

So he has no record of coming here legally? If that is the case, he must return to his home country.

[Boiler 45,657]

What did he file for, what papers were lost? Did he not keep copies?

[J-lush 0]

Correct. He has no legal status in USA, which sounds crazy since it is not like he had a choice at 5 years of age when he was brought here. USA is more his home and culture than Mexico. He is completely immersed in the American way of life. In fact, he's never been out of the US other than his first 5 years in Mexico. He speaks perfect English and contributes to society.

I'm wondering if there is any kind of appeal process so that we can articulate the nuances of his case.

Or is the only legal option demanding that he go back to Mexico? If he goes, what are the appropriate forms to file under that scenario? How long would he have to stay there?

We love each other and it is frustrating that a decision that he didn't make when he was 5 is affecting this.

Thank you for your reply, Transborderwife. I appreciate it - I have absolutely no experience with this.

[Boiler 45,657]

Basically he had a pass until he was 18, that was when he started accruing illegal presence.

Options depend on the details of his case, if he has just illegal presence then a I 601a.

[Darnell 8,478]

OK - a path. Chase a Spousal Visa. Assumption - he NEVER, EVER crossed back into Mexico and returned since age 5. If he did, this won't work.

File the I-130 with Q22 set to Cuidad de Juarez. Once approved, the file moves to NVC. Handle all NVC Doc Intake, fee payment.

After everything is done (on your side) with your submittal into NVC, chase a 601-A waiver.

Once NVC sets the appointment at CDJ, check the status of the waiver application.

About 2 weeks before the interview, cross back into Mexico, get the medical exam done.

If you are lucky, the waiver is approved prior to the interview. If not, go anyway, await the waiver afterwards in Mexico.

Other folk have gone this route - study a bit from a PC and see what their paths were.

----

If my assumption is wrong, then I don't see a path. Not saying there's not a path, just I don't see it.

[Shauneg 762]

Not eligible for DACA. The only option I see is to file the 130 and file a provisional waiver. If denied he would have to go to Mexico for the interview. He would also require to file a I-601 to waiver the overstay penalty.

[Transborderwife 4,666]

He would return to Mexico. You would file for an IR1 which would be denied at the consulate. After that he'd likely need a waiver for unlawful presence, I-601a outlining extreme hardship to you, the USC. This can include financial hardship to you, medical hardship, any minor children that you many have etc. You need to plead your case that you cannot join him in Mexico. The fact that he's never really lived there or know the country unfortunately doesn't cut it. This is all if he entered without inspection.

If he entered on a tourist visa with some sort of proof, you can AOS in country.

Edited June 17, 2015 by Transborderwife

[Shauneg 762]

OK - a path. Chase a Spousal Visa. Assumption - he NEVER, EVER crossed back into Mexico and returned since age 5. If he did, this won't work.

File the I-130 with Q22 set to Cuidad de Juarez. Once approved, the file moves to NVC. Handle all NVC Doc Intake, fee payment.

After everything is done (on your side) with your submittal into NVC, chase a 601-A waiver.

Once NVC sets the appointment at CDJ, check the status of the waiver application.

About 2 weeks before the interview, cross back into Mexico, get the medical exam done.

If you are lucky, the waiver is approved prior to the interview. If not, go anyway, await the waiver afterwards in Mexico.

Other folk have gone this route - study a bit from a PC and see what their paths were.

----

If my assumption is wrong, then I don't see a path. Not saying there's not a path, just I don't see it.

Said much more eloquently than I. Should he go ahead and file the provisional waiver before he leaves?

[Boiler 45,657]

Said much more eloquently than I. Should he go ahead and file the provisional waiver before he leaves?

If eligible.

Without knowing the details very dangerous to suggest any one cause of action.

[NikLR 13,227]

I believe he is supposed to wait in the USA until the I-601A is approved. At the very least it must be filed beforehand.

[Transborderwife 4,666]

Also the forum immigrate2us is the gold standard for discussion on waiver cases.

[Ryan H 3,812]

Moved from IR-1/CR-1 Process & Procedures to Waivers forum.

[Darnell 8,478]

He would return to Mexico. You would file for an IR1 which would be denied at the consulate. After that he'd likely need a waiver for unlawful presence, I-601a outlining extreme hardship to you, the USC. This can include financial hardship to you, medical hardship, any minor children that you many have etc. You need to plead your case that you cannot join him in Mexico. The fact that he's never really lived there or know the country unfortunately doesn't cut it. This is all if he entered without inspection.

If he entered on a tourist visa with some sort of proof, you can AOS in country.

He would return to Mexico a few weeks prior to the interview, and that I-601-A is required if'n they wish to be successful. He does not have to return to Mexico for the I-130 to be filed, or for NVC doc intake.

[Transborderwife 4,666]

He would return to Mexico a few weeks prior to the interview, and that I-601-A is required if'n they wish to be successful. He does not have to return to Mexico for the I-130 to be filed, or for NVC doc intake.

My bad, thank u