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Thread: Did I do the right thing?

  1. #1
    When I met my husband he was an illegal alien and I am a U.S citizen. He had been here only since 2000. We married in 2002 and I waited 1 year to file the I-130 because I wanted to make sure that we married for the right reasons. During that year I discovered that we were definitely in love and decided to take the next step. After the I-130 was approved it gave us the option to either file I-485 or I-824. I live in California so I called the CSC and they told me I could not file I-485 because my husband was illegaly in the U.S. I would have to file the I-824 and he would have to leave the country for the process to continue. They said it would take 6-9 months for him to have his interview and GC. As I read what people have posted on the site it looks like everyone has filed the I-485. Did I make the wrong decision? My husband has been gone for 3 1/2 months now and the California Service Center is reviewing Oct. 2004 I-824 applications. My husbands application was submitted in Dec. 2004. Can someone give me some advise. I am anxious to see my husband again. I purchased a home before he left and we are waiting to start a family until he returns. I am desperate, any advise will be greatly appreciated.

  2. #2
    When I met my husband he was an illegal alien and I am a U.S citizen. He had been here only since 2000. We married in 2002 and I waited 1 year to file the I-130 because I wanted to make sure that we married for the right reasons. During that year I discovered that we were definitely in love and decided to take the next step. After the I-130 was approved it gave us the option to either file I-485 or I-824. I live in California so I called the CSC and they told me I could not file I-485 because my husband was illegaly in the U.S. I would have to file the I-824 and he would have to leave the country for the process to continue. They said it would take 6-9 months for him to have his interview and GC. As I read what people have posted on the site it looks like everyone has filed the I-485. Did I make the wrong decision? My husband has been gone for 3 1/2 months now and the California Service Center is reviewing Oct. 2004 I-824 applications. My husbands application was submitted in Dec. 2004. Can someone give me some advise. I am anxious to see my husband again. I purchased a home before he left and we are waiting to start a family until he returns. I am desperate, any advise will be greatly appreciated.

  3. #3
    Yes, I am afraid, they gave you a completely wrong advice. :-(

    Your husband should have stayed, and filed I-485 you did not even have to wait until your I-130 was approved.

    Since he has been here illegally, he may now face big problems trying to enter back in.
    When the INS gets to your I-824 (it looks like, it'll happen in a couple of months), they will forward it to the consulate in your husbands home country, where he will need to appear for the interview for a visa.
    Because he was in the US illegally, the consular officer will, most probably, refuse to issue a visa (that is the reason, why he should not have left), and suggest to fill an application for a waiver, that will then be sent back to the INS, and the INS will take another 10 months or so to consider it... and then, if they grant a waiver, he'll get his visa, and if they don't, he'll have to appeal etc...

    Not a nice situation at all. I don't know what is this 'CSC' that gave you this advice, but you definitely should not have listened to them.
    Unfortunately, there isn't much you can do now, that he has left... just wait.
    There is still a chance that the consular officer will not notice your husband's overstay, or will just ignore it, and still issue a visa, so you can hope for the best

    ... (unless, your husband has ENTERED US illegally last time - in that case the advice they gave you was correct - he could not get get his status adjusted in the US...)

  4. #4
    From other postings on this site, and elsewhere, it seems that the 601 waivers Weasel is talking about get approved more often than not from certain countries such as Mexcio.

    Yes, you'll have to wait, and there is a chance he won't get one, but if he does, you and he won't have to worry about him getting found out and kicked out--this time perhaps permanently.

    If you haven't already read up on the 601 waivers, there have been at least a couple of people on this site who have posted their experiences (Gluhbirne is one of them. Last we heard, her husband was in Mexico waiting, and she was joining or visiting him).

  5. #5
    All GRINTS are the same, I tell you!!!


    All ****ster/fraudster GRINTS should be found and kicked out of this country!!!

    No GRINT should be allowed in!!!

    **** ON GRINTS!!!

  6. #6

  7. #7
    Weasel

    CSC is the Customer Cervice Center in Laguna Niguel in California. I called 4 different times before filing I-824 and spoke with 4 different Immigration Officers and they all said the same thing. File I-824, once app. is reviewed I would be sent a packet in which an affidavit of support would be requested, once that was submitted an interview would take place and he would be allowed to enter the country as long as all information was correct etc.

    I am really disturbed that CSC would give me false information. I am going to e-mailed CDJ Immigrant Visas [cdjimmigrantvisas@state.gov] which is where my husband would be having is interview to see what they respond.

  8. #8
    When your husband was in the US, did he enter legally or not?

    If he did not enter legally, the information they gave you was correct - he could not adjust his status in the US.
    If he did enter legally, and just overstayed his status, then the did give you a bad advice...

  9. #9

  10. #10
    hey Judy...

    he did the right thing...in either case he would have to go out of USA and depending upon his overstay whichever the bar applies ... he must file I 601 waiver... visit this website

    www.immigrate2us.net

    There are lots of people going on with I 601 over there...u will get information as well as support also...good luck...Pasha

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