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  • 61 days?

    My husband entered the country twice, 1997 and 2000, without inspection prior to our marriage. He is a Mexican citizen, I am a US citizen. We have a daughter, also US citizen. Husband has returned to Mexico, while we await interview/hardship waiver processing, etc. The I-130 has been approved and we are awaiting his intial interview at Ciudad Juarez.

    A lawyer has recently told us that if I move to Mexico, I can go the US Embassy on the 61st day of my stay there and they have to let my husband return with me to the US.

    Anyone know if this is true, or applies to our situation?

  • #2
    My husband entered the country twice, 1997 and 2000, without inspection prior to our marriage. He is a Mexican citizen, I am a US citizen. We have a daughter, also US citizen. Husband has returned to Mexico, while we await interview/hardship waiver processing, etc. The I-130 has been approved and we are awaiting his intial interview at Ciudad Juarez.

    A lawyer has recently told us that if I move to Mexico, I can go the US Embassy on the 61st day of my stay there and they have to let my husband return with me to the US.

    Anyone know if this is true, or applies to our situation?

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    • #3
      Is this an immigration lawyer conversant with hardship waivers?
      The above is simply an opinion. Your mileage may vary. For immigration issues, please consult an immigration attorney.

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      • #4
        This is an immigration lawyer w/ 13 years experience who is giving us a 2nd opinion, for free. Our hired lawyer, who has processed our paperwork thus far, is not returning my phonecalls. 2nd opinion lawyer is familiar w/ hardship waivers and has had all of his approved. I thought the 61 days sounded too easy.

        First lawyer says it is going to take approx 15 months to get initial interview at Juarez. Then another year to adjudicate waiver.

        2nd lawyer is wondering why we aren't filing K-3? Can we do that? Will that get him here faster?

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        • #5
          In some cases k-3 is faster but lately the I-130 is faster in a lot of cases. 15 months sounds long. Unless something has happened that I am unaware of it shouldn't take anywhere near that long. Either way, k-3 or I-130 you would have waivers. Maybe someone else will know more :-)

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