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Entered WOI; married to US Citizen

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  • Entered WOI; married to US Citizen

    An undocumented person who entered without inspection is married to a US citizen. They were married after the deadline to apply and be grandfatherd by 245i. They went ahead and filed the paperwork for the undocumented spouse (I 130) they have now received a letter from the National Visa Center asking them to fill out a DS...form which will be used to continue processing a visa for the spouse. According to the documents that were received, it looks like the spouse would need to travel to Mexico (Ciudad Juarez) for an interview when the visa becomes available.

    Since she entered WOI, and is not protected by 245i what are her chances of getting a visa at the interview in Mexico?

  • #2
    An undocumented person who entered without inspection is married to a US citizen. They were married after the deadline to apply and be grandfatherd by 245i. They went ahead and filed the paperwork for the undocumented spouse (I 130) they have now received a letter from the National Visa Center asking them to fill out a DS...form which will be used to continue processing a visa for the spouse. According to the documents that were received, it looks like the spouse would need to travel to Mexico (Ciudad Juarez) for an interview when the visa becomes available.

    Since she entered WOI, and is not protected by 245i what are her chances of getting a visa at the interview in Mexico?

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    • #3
      none - at the first interview.

      She will be denied visa for EWI and instructed to file for a waiver. If the waiver is approved (based on extreme hardship to USC spouse if she is not permited to live in the US), she'll get immigrant visa.

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