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bri2011

Immigration process for a Salvadorean married to US citizen

By bri2011 in IR-1 / CR-1 Spouse Visa Process & Procedures

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bri2011 Rookie

bri2011   5

Posted
Filed: Other Country: El Salvador
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Posted

My husband has been in the US for ten years, we have been married for four and together for six. He is originally from El Salvador and we just brought his son over April of 2016 legally with a visa. We wanted to finish his sons process first before we started his process, we will begin the process in February. My question is after the application has been submitted and approved and it is time to go to El Salvador to wait for his visa, how long does that typically take? Our lawyer has said we can request for the pardon here in the US, but that he would have to go to El Salvador to await his visa, We are concerned just because of all the violence right now. Which is another reason he has held off as long as he has, for fear of him having to stay in El Salvador for a long period of time. Also what are the chances of him getting approved for his Visa, he has no criminal record other than a few speeding tickets, but he did enter illegally although has had no orders of deportation. I know everyone's case is different but what does my future look like these next few months and years? 

Unlockable Mentor

Unlockable   7,322

Posted
Filed: Citizen (pnd) Country: Dominican Republic
 Timeline
Posted

Where is he currently? Is he in the US? If so you say he entered illegally. If he is here and entered illegally there is no way for him to finish the process in the US. That is one of the down sides of entering without inspection. He will have to return to his country for the interview. 

 

If he is here and entered legally he has other options. But we need to know his current whereabouts and status.

“When starting an immigration journey, the best advice is to understand that sacrifices have to be made... whether it is time, money, or separation; or a combination of all.” - Unlockable

bri2011 Rookie

bri2011   5

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Filed: Other Country: El Salvador
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34 minutes ago, NuestraUnion said:

Where is he currently? Is he in the US? If so you say he entered illegally. If he is here and entered illegally there is no way for him to finish the process in the US. That is one of the down sides of entering without inspection. He will have to return to his country for the interview. 

 

If he is here and entered legally he has other options. But we need to know his current whereabouts and status.

He is currently in the US right now. We have consulted with an immigration lawyer and they stated that he could ask for his pardon here in the US, and that more than likely it would be granted. But he would need to go back to El Salvador to await his visa. We just finished the process of lifting the conditions off of my step-sons visa, so that he could get his ten year green card. If I was to move to El Salvador and start his immigration process would we have more luck doing it that way? 

Lizziecakes Enthusiast

Lizziecakes   101

Posted
Filed: Other Country: Mexico
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Posted
20 minutes ago, bri2011 said:

He is currently in the US right now. We have consulted with an immigration lawyer and they stated that he could ask for his pardon here in the US, and that more than likely it would be granted. But he would need to go back to El Salvador to await his visa. We just finished the process of lifting the conditions off of my step-sons visa, so that he could get his ten year green card. If I was to move to El Salvador and start his immigration process would we have more luck doing it that way? 

I'm guessing his son adjusted thru a relationship thru his own US citizen spouse ? 

 

Is the pardon you mention the I601a waiver ? You apply for this one here along with the NVC process here... He exits for Interview and await the for his visa to be issued ...typically within 2 weeks.

 

The other is I601 waiver, you apply for this one after his interview in El Salvador and wait there for it to be approved.There's no real timeline for this one but i can take months.

 

 

bri2011 Rookie

bri2011   5

Posted
Filed: Other Country: El Salvador
 Timeline
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Posted
4 minutes ago, Lizziecakes said:

I'm guessing his son adjusted thru a relationship thru his own US citizen spouse ? 

 

Is the pardon you mention the I601a waiver ? You apply for this one here along with the NVC process here... He exits for Interview and await the for his visa to be issued ...typically within 2 weeks.

 

The other is I601 waiver, you apply for this one after his interview in El Salvador and wait there for it to be approved.There's no real timeline for this one but i can take months.

I sponsored his son to come to the US through our marriage. I was reading that we have to file our case first in order to file a I601a waiver, which we will be doing in the next few months. We are just waiting for my step-sons case to finish. We are mainly concerned of him having to be sent to El Salvador for years, which we are not wanting. 

Villanelle Experienced

Villanelle   4,123

Posted
Filed: Timeline
Posted

I always find it unfortunate when someone has an attny yet they still feel the need to post questions here. Perhaps a new attny is needed? Its important when dealing with waivers to have someone experienced with it...

 

Anyway, the current laws allow for you to file your paperwork and waiver while he is in the US and await a decision. This means he will not have to leave the country for a long period of time while it processes. Once he is approved (could take up to a year) he needs to leave the US and do his interview in the Embassy overseas. They will then issue him the visa. This can take anywhere from 1-2 days to 1-2 weeks. He wont be overseas for very long so dont worry.

 

Also theres no reason to wait to file the papers. You can have more then one petition for different people going at the same time! :) 

Lizziecakes Enthusiast

Lizziecakes   101

Posted
Filed: Other Country: Mexico
 Timeline
Posted
22 minutes ago, bri2011 said:

I sponsored his son to come to the US through our marriage. I was reading that we have to file our case first in order to file a I601a waiver, which we will be doing in the next few months. We are just waiting for my step-sons case to finish. We are mainly concerned of him having to be sent to El Salvador for years, which we are not wanting. 

His unlawful presence means he would have a ban (I'm guessing 10 years in his case since he's been here so long) 

The waiver approval means he wouldn't have this ban. His unlawful presence is forgiven in a sense and he can go thru the process of entering legally (with inspection) which is why he needs to go to El Salvador for his interview. 

  

 

 

Ryan H Grand Master

Ryan H   3,893

Posted
Filed: Lift. Cond. (apr) Country: China
 Timeline
Posted

Moved from Progress Reports to Process & Procedures.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

Boiler Grand Master

Boiler   47,459

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

Presumably no DACA and AP?

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

Boiler Grand Master

Boiler   47,459

Posted
Filed: K-1 Visa Country: Wales
 Timeline
Posted

So 1 601A

“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

bri2011 Rookie

bri2011   5

Posted
Filed: Other Country: El Salvador
 Timeline
  • Author
Posted
10 minutes ago, Boiler said:

So 1 601A

Yes, we are going to have to file a I601A. I have been looking into it more, I was not aware websites like this existed, they have actually given me a lot of insight to the whole process in our situation.  

 
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