consular interview EB3 PERM CASE-0 consular processing

[MaryLu19 10]

Hello to you all, 

 

I have read many of your stories on this forum, and I have finally decided to share our situation, and hopefully get some feedback from you guys.  My husband and I currently have a consular processing case for EB3 visa.  My husband entered on F1 visa, went to college for several years, however  couldn't afford tuition anymore so he fell out of status, meanwhile the company he worked for offer to sponsor him,  got the PERM approved, I 140 was approved in 2009 priority date became current in June 2013, however he could not adjust because he was out of status, so  he hasn't done anything with that petition. I have entered on a B2 and have unlawful presence. In March we have started a consular processing case, since we found an attorney who explained to us that even though my husband is out of status, he doesn't have unlawful presence due to the d/s stamped on his I94, so is not subject to the  10 year bar and that he can be processed through consular processing, with me being a dependent on his case. I do however have unlawful presence, but I qualify for a I601a waiver with my father, who is a USC,  being the qualifying relative. My dad has multiple heart problems and I help him significantly with his health issues (i'm also a RN) and financially.  My husband still works for the same company, the employer still has the job available for him, and is more than willing to hire him.  We have filed the I824 on June 19, 2017 and it got approved on July 20, 2017. I was shocked to see it processed so soon. Now the case is being transferred to NVC and we are getting ready to file the waiver. I am so nervous, so anxious. I don't know if I can leave for the consular interview... I'm scared I'll be stuck in Romania, we have 4 children who are USC, our families are here, I don;t know what to do. On the other hand the  thought of getting LPR status is literally like a dream coming true, I love this country and I want to be here.

I forgot to mention that we have no criminal history, no claims to citizenship, no deportation orders.  I want this so bad, but I feel so terrified to go to the interview, and everything seems to be moving so fast. The lawyer told us the I824 would take 6-9 months, it took 1 month . Anyone else in a similar situation? What would you do? I am so torn...

 

Thank you!

[Boiler 43,619]

You have lots of time, you have the I601A to process, assuming you do not come to the attention of the Authorities. 

 

To be clear he is working illegally and the company sponsoring him is the Company he is working for.

[MaryLu19 10]

Yes. He had work authorizations before, but they expired. I asked the attorney about that and he said that the CO know that people who fall out of status also have unauthorized employment. He also said that unauthorized employment  is not ground for inadmissibility, it is however the reason why he couldn't do adjustment of status. How long does it take to process I601a?

[Boiler 43,619]

I was really thinking of it from the Employers perspective, they are putting themselves out there..

 

7 or 8 months last I saw.

[MaryLu19 10]

I know...., but they are having a really hard time getting workers, at least they are trying to immigrate him.

[maryLu 58]

My waiver was approved in 4.5 months.