Waiver now or later?

[ylvillafierros 0]

I just got married in Ciudad Juarez in the border on July 5th. I mailed my i130 on Saturday 8.15.15. I married my sons dad who i met back in 1998. My son was born in 1999. We filed for a fiance visa in 2000 got approved and went to the interview but we were not emotionally prepared for him to stay for the waiver processing so he tried to cross illegally and got caught and was deported. He tried to cross again in 2005 and got caught. He has been in Mexico since and has not been back to the U.S. I finally married him and my son is now 15.

I know the situation is difficult and i am finally ready to move to el paso if i have to. He is living in ciudad juarez now and i am in denver. I tried to move on without him and so did he. We keep getting back together no matter how hard we try to forget eachother.

My question now is.... do i wait until after the interview to find out what waiver i have to file or fo i try to file now or when I get an i130 approval?

Edited August 19, 2015 by ylvillafierros

[Shauneg 762]

He must be denied at the interview to file for waiver.

[vanity08 66]

is at the interview that you be refuse and you can file. has he leave in USA before? or he was just stop at the crossing? if only stop at the boarder than he may or bay not need a waiver. so wait

[ylvillafierros 0]

He was in the U.S. back in 1998. He got here in about 1995 when he was a minor. He left in 1998 voluntarily. I went out there for a little while. I filed the fiance visa when he was in mexico in 2000 or 2001. He tried to enter in 2001 after we were denied at the interview and again in 2005. He did get deportation orders on both instances. I think the both said 5 years.

[ylvillafierros 0]

Thank you. I thought I was suppose to wait then i started reading and got confused. I swore to ask more questions this time around. When i filled the fiance visa in 2000 i was young and shy and didnt ask enough questions. I was in my 20s and knew it all... so I thought.

[Jawaree 717]

It will go thru USCIS then on to NVC before getting to the consulate

try to find a waiver atty (no notaries) to pick things up after it gets to

NVC as this wont be a DIY task....At the interview he will be denied the

isa & told what waivers are needed, he must be honest & disclose all

entries, h he should also keep all proofs of him being in his country

for yrs he claims to be there like bank transactions, pay stubs, tax

payments , apt/house lease, medical record etc

Have you looked into border living in an area somewhat safe for you

and your kid which would allow you to work in the US making US $s

send your kid to a US school, and be together as a family, many waiting

on waivers are doing border living, you should research that. An atty

is definitely needed

[Boiler 43,429]

9C but been out 10 years so a straight 601.

However with that history a consultation in order.

[ylvillafierros 0]

Ok. I will find an attorney. I am starting to look for a jobs in El Paso. I have 24 years federal service and I wont leave it so it will take time to get the right job and not loose my status. For now I have trips planned monthly thru the holidays. My kids are both in high school. A senior and a sophmore. I can commute for about a year and then if i have to i will move after my daughter graduates. He did move to the border so he could be closer. Right now an 11 hour drive seems much closer than him being in Guerrero. Thank you all. I am sure i will be talking to you again.