HELP PLEASE!! Need to know what is the best form to file so husband can come home.

[Darauocampo 1]

Hello,filed I-130 (received February 29,2016) I have my I-797, but now I need to know do I file the K-3 or the IR-1/CR-1? Wanting husband to come home to his six kids and I in the U.S. please help me. I don't have money for a lawyer but want to do this right.

[NikLR 13,234]

K3 is obsolete and is rarely granted. Plus it's twice as expensive because it requires an adjustment of status and takes just as long. Stay the course. He can work after arrival so I think that would be more beneficial?

[Darauocampo 1]

Thank you for replying but we are not worried about the working part, we are wanting him home fast. So I am just wondering what to do next to make this process go faster. That is why I thought the K-3 or the IR-1/CR-1.

[aaron2020 11,652]

Hi,

You mentioned coming home. Was your husband deported or overstayed a visa? This makes a difference in your petition for him.

[Darauocampo 1]

Hello Aaron2020, my husband did a voluntary departure back to Mexico. And the judge did not put it on his record nor bar him.

Hi,

You mentioned coming home. Was your husband deported or overstayed a visa? This makes a difference in your petition for him.

[Hypnos 6,579]

By filing an I-130, you have already begun the IR-1/CR-1 process. Now you need to wait for the I-130 to be approved before you can proceed further.

[JFH 12,195]

You need to wait like all of us. We all want to be with our husbands and wives. We just have to be patient.

[dwheels76 5,486]

Hello Aaron2020, my husband did a voluntary departure back to Mexico. And the judge did not put it on his record nor bar him.

How long was the overstay for? Sounds like you probably need a waiver.

For now all you can do is wait from filing to interview is about 10 months to 1 year. No way getting around that really. If a waiver is needed that will add even more time to your processing.

[Darauocampo 1]

How long was the overstay for? Sounds like you probably need a waiver.

For now all you can do is wait from filing to interview is about 10 months to 1 year. No way getting around that really. If a waiver is needed that will add even more time to your processing.

There was never an overstay. He came here with his mother when he was 12, 16 years ago.

[Transborderwife 4,666]

There was never an overstay. He came here with his mother when he was 12, 16 years ago.

How did he come here? Was he inspected?

[Darauocampo 1]

How did he come here? Was he inspected?

Hello, his mother crossed him and his brothers illegally. Yes, we know he should have filed along time ago.

[Transborderwife 4,666]

Hello, his mother crossed him and his brothers illegally. Yes, we know he should have filed along time ago.

I wasn't going to say that. I was just going to say that the illegal entry could cause an issue. DACA could've helped him, but that's water under the bridge I suppose. I think that you should consult an immigration lawyer. There's a whole slew of issues to think about such as while here, did he ever claim to be a USC on any job paperwork?

You said that he was here for 16 years and entered at age 12, he likely would still have a 10 year ban for unlawful presence.

[ParisHeart 19]

Keep on the track your on now. Since he entered illegally when he was a child, it is best he is in Mexico now. That is one good thing, he was a child when he came here, but as an adult he left, he did right. I had a friend that happened to her,and now she is here legally with her husband who filed for her

when she left on her own back to Mexico. Took a year for then to get through the USCIS.

I don't think this will be an issue for you and your petition. Each case if different with USCIS, Just be honest with them.

It takes time, but so worth it when completed. Keep faith, and you will get through this.

K3 is dead, it has been, stick where your at.

Best wishes on your journey. You can do this

Edited April 4, 2016 by ParisHeart

[Boiler 47,495]

Criminal History?

How did he end up with VD.

Did you file an I 601A?

[dwheels76 5,486]

Hello, his mother crossed him and his brothers illegally. Yes, we know he should have filed along time ago.

An illegally presence is actual worst than an overstay because and overstay at least you were given legal admittance. Time to go seek a lawyer.

Not impossible to overcome. but this will not be a fast fix at all. Sorry.