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Hello everyone,

 

So I am a natural born US citizen. I married my husband 12/2006 he is an undocumented immigrant from Mexico. We have 2 daughters together and I have 2 sons from a previous relationship whom he treats as his own. So I'm basically wondering if anyone can relate to our situation has done the papers and how thier process went?

 

2004: He crossed the border illegally to US 

2005: he went home on a plane to mexico on his own for funeral

2005: he attempted cross, was caught and released - no deportation

2005: made it across border

2006: we married

2007 had daughter #1

2014: daughter #2

We never filled out papers because we were told to wait for a reform, and here we are almost 12 years later no reform. I'm not sure if he can qualify for a waiver? I work, have a good job so supporting him is not a problem. He also works, pays his taxes so that helps. He boss is willing to help if he can. 

 

Hardship: my 2 son's father will not let me take them to Mexico. Our 1st daughter has been medically diagnosed with anxiety, and sees counseling for that. My job won't allow me to move to Mexico. I obviously will be under extreme stress and have to apply for daycare assistance, food assistance, have to move if he would have to go as I'll be out his income (he does construction). Not sure what else they'd look for for a hardship waiver and if he can really apply for it?

 

Any advice, experiences anything will help just frustrated with all this stuff.

 

 

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How long was he illegally in the US on his first EWI (in 2004-2005)?

Sounds like a 9C bar. He would need to leave the country for 10 years before being eligible for a waiver.

Edited by geowrian

Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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2 minutes ago, geowrian said:

How long was he illegally in the US on his first EWI (in 2004-2005)?

Sounds like a 9C bar. He would need to leave the country for 10 years before being eligible for a waiver.

Oh man I messed up that should be 2000. So he was here 4 years. 

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13 minutes ago, Mvargas143 said:

Hello everyone,

 

So I am a natural born US citizen. I married my husband 12/2006 he is an undocumented immigrant from Mexico. We have 2 daughters together and I have 2 sons from a previous relationship whom he treats as his own. So I'm basically wondering if anyone can relate to our situation has done the papers and how thier process went?

 

2004: He crossed the border illegally to US 

2005: he went home on a plane to mexico on his own for funeral

2005: he attempted cross, was caught and released - no deportation

2005: made it across border

2006: we married

2007 had daughter #1

2014: daughter #2

We never filled out papers because we were told to wait for a reform, and here we are almost 12 years later no reform. I'm not sure if he can qualify for a waiver? I work, have a good job so supporting him is not a problem. He also works, pays his taxes so that helps. He boss is willing to help if he can. 

 

Hardship: my 2 son's father will not let me take them to Mexico. Our 1st daughter has been medically diagnosed with anxiety, and sees counseling for that. My job won't allow me to move to Mexico. I obviously will be under extreme stress and have to apply for daycare assistance, food assistance, have to move if he would have to go as I'll be out his income (he does construction). Not sure what else they'd look for for a hardship waiver and if he can really apply for it?

 

Any advice, experiences anything will help just frustrated with all this stuff.

 

 

This should say the below sorry was typing quickly.

 

2000: He crossed the border illegally to US 

2005: he went home on a plane to mexico on his own for funeral

2005: he attempted cross, was caught and released - no deportation

2005: made it across border

2006: we married

2007 had daughter #1

2014: daughter #2

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Just now, Mvargas143 said:

Oh man I messed up that should be 2000. So he was here 4 years. 

Then definitely sounds like a 9C bar. No way around that and no way to gain legal status without being outside the US for 10 years then having an I-601 approved.


Timelines:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago

9/27/17: received by USCIS

10/4/17: NOA1 electronic notification received

10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received

10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update)

1/5/18: EAD + AP mailed

1/8/18: EAD + AP approval notice hardcopies received

1/10/18: EAD + AP received

9/5/18: Interview scheduled notice

10/17/18: Interview

10/17/18: Approved

10/24/18: Green card produced

10/31/18: Green card received

 

K-1:

Spoiler

I-129F

12/1/17: sent

12/14/17: NOA1 hard copy received

3/10/17: RFE (IMB verification)

3/22/17: RFE response received

3/24/17: Approved!

3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received

4/12/2017: Sent to Riyadh embassy

4/16/2017: Case received at Riyadh embassy

4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

 

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Sounds identical to a situation of a couple who are friends of me and my wife. Woman crossed into the US without inspection. Went back to Mexico. Got caught trying to cross back in (no deportation). Then successfully crossed back into the US without inspection again. Subsequently married a USC and had 2 daughters. They've seen two different immigration attorneys and have been advised that she would need to exit the US and serve out a 10 year ban before being eligible for a waiver. Tough situation.

 

Her husband is in a good profession and is employable in other countries. They're looking into situations of moving to another country and serving out the ban and then applying for an immigration visa.


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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Yeah, what everyone has told you here is correct.

 

Unfortunately, your husband received a 10 year bar the first time he left the US, for being in the US illegally for more than one year. Then, he received a permanent bar (9C) when he entered to the US a second time without inspection.

 

Here is the only solution:

Your husband needs to leave the US for 10 years. Once that has passed, he may apply for a waiver.

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This exact situation comes up here from time to time......I agree with what has been posted.  He can't even apply for a waiver until he has spent 10 years outside the US......


First career- 20 year Retired E-8, USAF Missileer,

Second career-Retired Registered Nurse, experience in Labor& Delivery, Home Health, Adolescent & Adult Psych

Third career-Retired IT Developer & Database Administrator for surgical services dept.

 

Immigration Journey:

  • Texas Service Center after transfer from Nebraska
  • Consulate :Taipei, Taiwan
  • Marriage: 7/30/2015
  • I-130 NOA1 : 4/27/2016
  • I-130 Approved :9/8/2016
  • Case received at NVC: 10/11/2016                               
  • Case # and IIN#: 10/24/2016
  • AOS Fee Invoiced:10/24/2016  
  • AOS Fee Paid:10/25/2016
  • IV Fee Invoiced:10/24/2016  
  • IV Fee Paid:10/25/2016
  • DS-260 Completed: 10/28/16
  • Scan Date:11/9/2016
  • Supervisor review: 12/21/16 
  • Checklist: 1/13/17 
  • Case Complete: 4/10/17
  • Interview Date: 5/8/17 
  • Visa  "ISSUED": 5/10/17
  • Visa and Passport in hand/Flight to USA Booked!!!: 5/12/17  
  • POE Dallas DFW on June 22, 2017
  • SS Card received : 7/3/2017
  • 2-year Green Card received in mail: 7/15/17
 

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Is Canada an option?


Marriage: 2014-02-23
CR1 started : 2014-06-06
CR1 completed/POE : 2015-07-13
ROC started : 2017-04-14 - CSC

ROC interview/completed: 2018-08-16 - Albuquerque

N400 started: 2018-04-24

N400 interview: 2018-08-16 - Albuquerque

Oath ceremony: 2018-09-24 - Santa Fe

 

April 2017 I-751 Filers Spreadsheet

https://docs.google.com/spreadsheets/d/1t335PrkwxPk7sRryv02NH3vrWHy0vlkBxjmPy5VYJO8/edit#gid=0

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