Hi my name is Paola Im 22 years old I was born in Ecuador..but I have lived in the U.S for almost 12 years of my life. I was arrested by immigration on a random raid and I pleaded for voluntary departure. I left January 17th 2007..23 weeks pregnant and 9 days married. My husband is and American Citizen. I hired a lawyer, but im afraid she is new with my type of case. I am in Ecuador now away from my family and my husband and I don't want to be here anymore, I want to go home. What are the steps I have to follow?? the lawyer has filed an I-130 and a n I-601 Waiver...if they are both accepted what kind of visa do I have to file for? I am a little comfused, but unfourtunately I think I know more than my lawyer, if someone could please help me set me on the right track, I want to have my baby in the U.S. I am alone here and it's a difficult situation for me..

You can forget about having the baby in US. Recent timeline suggest I601 waver can take a year to process. Nothing you can do but wait for interview notice.

quote:

Originally posted by Paola:
I pleaded for voluntary departure. I left January 17th 2007..23 weeks pregnant and 9 days married. My husband is and American Citizen. I hired a lawyer, but im afraid she is new with my type of case.... What are the steps I have to follow?? the lawyer has filed an I-130 and a n I-601 Waiver...if they are both accepted what kind of visa do I have to file for? ..

Hi Paola,

How long have you been unlawfully present in the States? I-601 is a correct wavier for illegal presence. However, people who are petitioned for an immigrant visa (CR/IR-1) or non-immigrant K3, are asked to submit one AFTER they are found ineligible for visa, because of the bar, during the first interview at the embassy. I-601 is filed in the US when alien is adjusting status in the US. Well, I am not saying that your attorney did something prematurely and it will not work, but just telling you how I hear the process works...

After I-130 is approved (and it should be if your marriage is genuine), some papers will be sent to your husband (for Affidavit od Support). After the embassy in your country receives the file from NVC, they'll contact you and give you further instructions. Filed I-130 results in CR/IR-1 visa.

When your husband receives confirmation that I-130 was filed (Notice of Action), he may submit I-129. The approval of I-129 (which is sometimes faster than the approval of I-130) means K3 visa for you. The process is more or less the same (including waiver), but once in the US, you have to apply for adjustment of status.

Try a few chats with attorneys regarding the waiver... here at ILW or http://www.visacentral.net/

There is also a lot of info on internet about the visas I mentioned and the process. If you have questions, come back

good luck

I overstayed in the U.S for more than 10 years..so I imagine the bar is pretty high..but i just want to know what is best to apply for a CR-1/RI-1 Visa or a K-3 Visa? what would get me home the fastest..Im pregnant already 7 months and don't have much time to waste. My lawyer says she had to present the I-130 joint with the I-601 Waiver..but she would have to present the I-601 to the Ecuadorian Embassy with the Visa papers also? or once that is approved over there in the U.S. then i will be aproved over for anything else..thank you so much for takin gyou time to answer my questions.. sincerely..
Paola