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Results 1 to 7 of 7

Thread: I-130 then what's next?

  1. #1
    I'm a U.S. citizen, who filed I-130 for my husband who entered the U.S. without an inspection. It was filed right after our marriage in May 2008. In November, it was transferred to California center. I'm still waiting for the response from the USCIS. Does anyone have any idea what will happen and what would i have to do next? Someone told me that I should've filed I-485 with I-130 at the same time. But I-485 is not eligible for a person who've entered without an inspection. Please help. Any answer would be appreciated.

  2. #2
    I'm a U.S. citizen, who filed I-130 for my husband who entered the U.S. without an inspection. It was filed right after our marriage in May 2008. In November, it was transferred to California center. I'm still waiting for the response from the USCIS. Does anyone have any idea what will happen and what would i have to do next? Someone told me that I should've filed I-485 with I-130 at the same time. But I-485 is not eligible for a person who've entered without an inspection. Please help. Any answer would be appreciated.

  3. #3
    This will be a very difficult road to ajdustment of status because you spouse entered without inspection. INS will ask him to go back and obtain Immigrant Visa from his country. Good luck.

  4. #4
    Hi Mola,

    Hopefuly next is I-130 approval. With that will come a note saying that your husband can't adjust status in USA.

    How did you answer Q22 on I-130? If you wrote a consulate in his home country, your file will be sent to NVC. You'll get some corespondence from them, and then file will make its way to the counsulate. Your husband will be called for an interview in his home country. That means he will have to leave USA and that moment a ban on return will start.

    His immigrant visa will be denied and he will be instructed whether he is eleigible to file a waiver based on extreme hardship to you (hardship in case he can't return to the USA before the ban is over). If he has "ONLY" one EWI (no other criminal record), he should be eligible to file a waiver. If approved, he will be issued an immigrant visa and be able to return.

    Now, there is a lot of information about "extreme hardship waiver".... just take time and read as much as you can so the two of you can prepare one.

    Extreme hardship waivers are also available to the fiances of USC, so it has nothing to do with the lenght of marriage.

  5. #5
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    Unless he has been here for at least 10 years and he can prove it he can not adjust status. A hardship waiver is out since the marriage was so short. If he was here for over a year illegally he will be banned from re entry for 10 years. If he is not from a country where he can claim asylum you probably need a divorce lawyer. Cause he isn't staying much longer. DHS will be by sometime to pick him up. </div></BLOCKQUOTE>


    @Davdah...

    Stop with this misinformation. 2 threads now. We are supposed to be a help board with accurate information. Chill

  6. #6
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by davdah:
    What else is there? If someone is completely illegal in a short term marriage. Not here 10 years or longer. Not from a country where asylum is reasonably possible. Since sent to CA center I'll assume from Mexico. No prior I-130. Not much possibility. Judging by the fact they did this on their own, wrongly I might add, no money for an attorney either.

    As Aneri pointed out concerning where the file was sent. She said it was sent to the California service center, not Nevada. So they know he is here illegaly. The school records will probably show he's been here over a year but less than 10. A ten year ban will be served.

    She also posted a question regarding taxes. She is the one who is working with him in school. Not a situation where she is dependent on him. Currently the other way around. No apparent hardship to a USC based on the two posts. </div></BLOCKQUOTE>



    This is the misinformation given:
    <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Unless he has been here for at least 10 years and he can prove it he can not adjust status. A hardship waiver is out since the marriage was so short. If he was here for over a year illegally he will be banned from re entry for 10 years. If he is not from a country where he can claim asylum you probably need a divorce lawyer. Cause he isn't staying much longer. DHS will be by sometime to pick him up. </div></BLOCKQUOTE>


    Short marriage has nothing to do with getting a hardship waiver. It is based on the extreme hardship that it would cause for the spouse if the alien were not here. a good attorney will make a case for the hardship. We do not have any idea what is going on in their lives, so we cannot comment other than to preach that they make a good case for the extreme hardship when filing the 601 waiver for the ban.

    There are many factors that can be used as an extreme hardship, it isnt just work.

  7. #7
    EWI can't adjust. He has to go back to his nation of origin to adjust.

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