Mikkie2876

My husband finally got his Visa in the Correios! It took about 2.5 weeks to receive. He got the tracking number 4 days before he received it. He's in ES

Oh I apologize. I thought I posted this is the Brazil forum. The country is Brazil, the Rio Dr Janeiro Embassy.

Sorry if this has been asked, I tried searching for a similar topic but didn't see anything.

My spouse was approved and his Visa was issued (FINALLY). We saw the update on the site a week ago tomorrow. He's supposed to receive a tracking number but it been silent since then. How long will this take on average? We want to make travel arrangements and can't until we know when the visa will get to the house.

17 minutes ago, MjC772 said:

How on earth did he have a social security number? Did he steal an actual SS number?....if that's the case, then, as far as I'm concerned, he should have a permanent ban.

 

Nope.. He has a perfectly legal social security number. It wasn't valid for employment. But he still used it to work. And we still used to then file taxes every year.. You should ask before assuming. It's offensive. My husband isn't a criminal. He never asked his parents to take him to the U.S. He did the best he could with his situation. He worked. Graduated from High School. Did 2 years of University. He was even in the Police Explorers and Jrotc. He contributed tp society, never took handouts or committed a crime. 

8 minutes ago, pushbrk said:

No, it is ten years but ten years from when he left.  He was here illegally.  Check with an attorney familiar with DACA.  If the law still applies and that changes his ban, cool.

Gottcha... We have a Skype appt for next week with a lawyer in the U.S.  He's been back 7 years.. So maybe if I go back and get the income eligibility squared away in the interim it may help. I also read that the last 3 years of income tax is required. We have plenty of tax returns. But they stop in 2011 after her returned. 

6 hours ago, pushbrk said:

You husband is subject to a 10 year ban on re-entering the USA.  An I-601 waiver is a possibility.  We have a discussion forum here devoted to waivers, but you can study that process any way you wish.  An employment visa will not overcome the ban, AND, based on the circumstances you describe, it is unlikely the waiver would be granted either.

It's not 3 years? He left on his own. Never any proceeding against him.

6 hours ago, sunshinelove said:

My first thought is that the 10 year ban would have gone into effect when he left the country (due to being here illegally for so many years). That being said, it'll be another 3 years before he can legally come back into the United States. Since you are married, when he can come back to the US, he can apply for a marriage based visa and then immigrate legally and go through AOS. I don't think there are any good options for him coming now. Unless he's really qualified for a position, it'd be difficult to get an employment based visa. And since you are married I do think it would make any immigration officer suspicious of intent to stay for good (which is pretty much the goal) so the visa would get denied anyway. My advice would be to wait it out another 3 years and then apply for a marriage based visa.

I was under the impression that the 10 year ban was only if the immigrant was deported? I thought it was 3 years if he voluntarily left.

Guys.. I'm seeking some advice here from anyone who's already gone through this. And I apologize in advance that this post is going to be long-winded.

My husband and I have been married for almost 17 years. We were married back in the United States in 2001. My husband entered the states illegally at age 13. He had a social security number  and driver's license and worked until he was not able to renew his driver's license in 2008.  He paid taxes every year, etc. Long story short, when DACA was finally about to pass we learned that he didn't qualify for it because he was too old when DACA passed. He missed the age guideline by 4 months.  Rather than risk getting caught and deported he decided to just go back to Brazil on his own- tired of living in the shadows thanks to his parents. I came back with him with our kids and we have been living here for 7 years. But we have grown tired of it and he finally wants to try to do something to get back into the States.. for this to happen I'm probably going to have to go back and get a job and make enough money to support a family of 4 before I can petition for him. But my brother-in-law suggested that maybe we can do it a different way.  He said perhaps an Employment Visa requested by his company could gain him entry. But I really don't think that's going to work. My husband is not a skilled worker doesn't have any special degrees. Not to mention I think just being married to a US citizen disqualifies him  an employment based Visa correct?