New Here - Need Advice

[Mvargas143 0]

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.

 

 

[geowrian 22,336]

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 October 19, 2018 by geowrian

[Mvargas143 0]

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. 

[Mvargas143 0]

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

[geowrian 22,336]

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.

[Russ&Caro 1,548]

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.

[trac3rt 63]

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.

[Crazy Cat 39,575]

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......

[Russ&Caro 1,548]

Is Canada an option?

[Mvargas143 0]

On 10/19/2018 at 3:27 PM, geowrian said:

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.

That you everyone for commenting. I think after all this time it is what it is. We are going to start the process knowing he'll have to do the waiver after 10 years. I don't know why he has people that have told him they came in and out multiple times and only spent 2 years out of the country and are now legal. Everything I have researched says the opposite. I tend to be a realist so I want to go in this without being blindsided.

 

I have downloaded the I130 form. Anyone know how long it takes to process normally?