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  • illegal wife

    Hello,

    My wife entered the US undocumented, illegal. We got married last year. For reasons, she went back to her home country. I filed the i-130 and then i-129f for her k3 visa (june 11). Still waiting for word from ins (thats another story). If we do get approved, I know they will deny us at the interview. But then we can file a waiver, right? What are our chances for the waiver getting approved? How long does a waiver take? As others know, being separated is rough, to say the least, especially since we had our first kid (they are both in her home country).

    I called INS, but they don't want to talk about "what if she gets denied", they tell me to wait for the results of the k3...oh but they added with a cheerful tone of voice "your kid is a citizen, he can live with you..." Sigh, I want a whole family.

    So, anyone with experience in this situation? How many months/years am I looking at being separated? No, I don't have a lawyer, I figure after we are denied we will get one.
    If it matters, I'm an USC by birth.

  • #2
    If I was in your shoes I would get an Immigration Lawyer ASAP. US Immigration are difficult too deal with in this type of situation.
    If you cannot afford a Lawyer approach the Catholic Church in your State, they sometimes help Families with US Immigration Problems.
    The following Immigration Forms may be useful too you.
    The I-690 Application for Waiver on grounds of excludabilty under section 245A or 210 of the immigration & nationality act.
    Purpose of form:
    Individuals who are inadmissable to the United States but have applied for legal residency under section 245A of the immigration & nationality act, May request a waiver of the grounds of excludability for humaniterian family unity or national interest reasons.
    Where to file: The INS office with jurisdiction over your place of residency.
    Filling fee $35.00

    http://www.ins.usdoj.gov/grahics/forms/i-690.htm

    Comment


    • #3
      Before answering your question I would like to know how she went back?
      Did she got deported?, if yes the who paid for expenses. did she got any kind of Bar for reentry?
      Waiver will take aprox 12 months to 14 months.

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      • #4
        hi,

        She wasnt deported. We went to her country's consulate, got a passport. Few months later we bought the plane ticket and she left. There were no deportation notice/action/warning. Everthing was done by ourselves.

        Comment


        • #5
          Hi,

          I called INS, they told me the I-690 is an older form and the newer one is I-601 (the fee is $195).

          They also told me that I can not file a waiver before my wife is denined...she has to be denined first, and that the processing times are 9 months. I am going to contact the Catholic Church to see if they can help. I'm wondering if there is anything to do to cut this wait time....
          Thank you for the suggestion.
          r

          Comment


          • #6
            Iam glad you have found new info on the waiver Iam sad that its gone up in price.
            You must see an immigration lawyer asap.
            I do wish you the best of luck in your situation.
            I sometimes believe US immigration can be very brutal in its laws & methods regarding family unity. You may also wish too enquire about the Life Act it protects family unity in the USA.
            And also approach Human Rights.
            Please let me know how your situation progeressed and each step you take for the final result btaining the waiver for your Partner.
            Iam sure lots of People in your situation will find this information useful.
            After all the USA was built on immigrants. I find the US immigration laws a hypocrisy at times.
            All the best & Good Luck
            Yours sincerely,
            Phillip Bastians

            Comment


            • #7
              Iam glad you have found new info on the waiver Iam sad that its gone up in price.
              You must see an immigration lawyer asap.
              I do wish you the best of luck in your situation.
              I sometimes believe US immigration can be very brutal in its laws & methods regarding family unity. You may also wish too enquire about the Life Act it protects family unity in the USA.
              And also approach Human Rights.
              Please let me know how your situation progeressed and each step you take for the final result btaining the waiver for your Partner.
              Iam sure lots of People in your situation will find this information useful.
              After all the USA was built on immigrants. I find the US immigration laws a hypocrisy at times.
              All the best & Good Luck
              Yours sincerely,
              Mr X

              Comment


              • #8
                Thank you, I hope to god that this process doesnt take years. We are trying to figure out what to do if thats the case. Possible options include me living down there (almost impossible since the average pay rate is $1/hour) or me getting a job in canada that can sponser my family and I.

                I have an appointment with a lawyer this Sat. I will keep this board posted on the outcome.

                Thanks again.

                Comment


                • #9
                  Ok, just got back from the lawyer. He says I should go down to the US consulate in her country and do a DCF (Direct consulate filing) Even though I already started the filing here. He said it would go quicker and IF we get denined he can help us start the waiver process.

                  I informed the lawyer that when I called the consulate in Guayaquil, Ecuador they TOLD me I do not qualify for DCF. The lawyer said to go down there anywhere and file.


                  Anyone here do a DCF in Guayaquil, Ecuador

                  Comment


                  • #10
                    Hi. I haven't done a DCF there, but my husband was given a 5 year bar and has returned to Guayaquil. I am currently in the process of requesting a (hardship) waiver!

                    As we are both working with the same consulate, etc. perhaps we can help one another.

                    By the way, assuming you are an american citizen with fluent english, there are some pretty decent options for jobs for you down there if you are interested (of course this does depend on your edcuation and field of employ... as well as the bills that you must pay here.) Although average Ecuadorians may make $150 a month... that is not always the case for US citizens.

                    In case of emergency, I have a job lined up for myself that will pay me approximately $1000 a month. I could probably make more if I wanted too... It shouldn't be your first option, but it is nice to know that the possibilities are out there...(for Americans - twisted isn't it?)

                    Anyway, email me at changetheinslaws@yahoo.com if you are interested in getting in touch.

                    Comment


                    • #11
                      Its Sad that US Immigrants are given such a difficult time in the United States. Its as if the USA has forgotten the fact that immigrants built the USA. Where has the concept of the Land of the free gone?
                      Its now the land of the free for US citizens only.
                      First they steal the Land from the American Indian & now they make it difficult for visitors & immigrants who move to the USA.
                      Why? Yes I agree in keeping terrorists killers rapists and dangerous criminals out of the USA.
                      But people with minor spent convictions should not be treated as dangerous criminals this is against human rights.
                      Everybody in the world has commited a sin, At least in Europe immigration is fairer than the US counterpart and so is Canadas immigration system.
                      The US immigration system has destroyed respectable family unity and even banned people from returning too the USA for 5 to 10 years and in nightmare scenarios permanently.
                      This is not right. Yes we now have the Life Act and certain Waivers but US immigration Lawyers fees are horrendous, Thank god certain charities & the Catholic Church can help on family immigration issues.
                      It is time US immigration started too change thier inhumane immigration laws.
                      Once Married to a US Citizen the immigrant spouse should be allowed US Citizenship without hindrance. Lets get rid of the green card and ignore minor spent convictions. Come on everybody in life has made mistakes are we too be penalised forever?
                      Lets open the borders too legitimate immigrants. Yes of course keep dangerous people out.
                      Europe and Canada have a humane immigration Laws its time USA should follow thier example.
                      Once Married to a US Citizen you should not be allowed too stay and if you have a minor spent conviction that you were ashamed too disclose out of embarrasment so what.
                      Its wrong too deport people for a minor spent conviction that they were scared too disclose specially once they are Married and living in the USA with thier american Partner.
                      Yes deport them for Murder Rape Terrorisim Drug Dealing Violent Crimes.
                      But not for petty stupid offences where no one got hurt.
                      When an American immigrates too Europe he or she does not have too disclose spent minor petty offences.

                      Comment


                      • #12
                        Hi there
                        Has anyone heard anything about the chances of being granted the I-601 waiver? Does anyone know of this ever being granted to anyone? (I mean, in real life, not in case files).

                        Good luck to you both. Perhaps you'd like to read the 3/10-year ban threads on this forum.

                        juju

                        Comment


                        • #13
                          ^^^^^^

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