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Thread: Stressed and clueless about I-601

  1. #1
    My husband entered the US illegaly from Mexico five years ago. He has been working illegaly, but has never been arrested or anything like that. We were married nearly two years ago. I filed an I-130 for him in March of last year in California and still haven't heard anything. My question is, what will happen when the application gets processed? Will we be required to go to an interview? Will my husband get an order of deportations, since I wrote on the application that he entered without inspection? I know that my husband will have to go back to Mexico to apply for his green card, but I want to know what will happen immediately after the application is processed. Also, what are the forms that my husband will need to file once he is back in Mexico? I'm pretty sure that we will need to file I-610 to get a waiver of the 10 year bar, but what other forms will we need to file? Also, how long will my husband have to wait for these things to get approved? Would I be able to go with him to Mexico in the meantime, or will I be required to stay here and work. I am young, healthy, and fluent in Spanish. Would these things negatively impact my application for a waiver? Also, what happens if the waiver is denied? Someone please share knowledge or experiences. I am especially worried about what will happen when the application goes through. An INS officer told me to expect to be processed within two or three months. I am a college student and will be graduating this Spring. I think that my husband getting deported in the middle of my final semester would be extremely traumatic for me and my grades.

  2. #2
    My husband entered the US illegaly from Mexico five years ago. He has been working illegaly, but has never been arrested or anything like that. We were married nearly two years ago. I filed an I-130 for him in March of last year in California and still haven't heard anything. My question is, what will happen when the application gets processed? Will we be required to go to an interview? Will my husband get an order of deportations, since I wrote on the application that he entered without inspection? I know that my husband will have to go back to Mexico to apply for his green card, but I want to know what will happen immediately after the application is processed. Also, what are the forms that my husband will need to file once he is back in Mexico? I'm pretty sure that we will need to file I-610 to get a waiver of the 10 year bar, but what other forms will we need to file? Also, how long will my husband have to wait for these things to get approved? Would I be able to go with him to Mexico in the meantime, or will I be required to stay here and work. I am young, healthy, and fluent in Spanish. Would these things negatively impact my application for a waiver? Also, what happens if the waiver is denied? Someone please share knowledge or experiences. I am especially worried about what will happen when the application goes through. An INS officer told me to expect to be processed within two or three months. I am a college student and will be graduating this Spring. I think that my husband getting deported in the middle of my final semester would be extremely traumatic for me and my grades.
    Have a nice day

  3. #3
    My husband entered the US illegaly from Mexico five years ago. He has been working illegaly, but has never been arrested or anything like that. We were married nearly two years ago. I filed an I-130 for him in March of last year in California and still haven't heard anything. My question is, what will happen when the application gets processed? Will we be required to go to an interview? Will my husband get an order of deportations, since I wrote on the application that he entered without inspection? I know that my husband will have to go back to Mexico to apply for his green card, but I want to know what will happen immediately after the application is processed. Also, what are the forms that my husband will need to file once he is back in Mexico? I'm pretty sure that we will need to file I-610 to get a waiver of the 10 year bar, but what other forms will we need to file? Also, how long will my husband have to wait for these things to get approved? Would I be able to go with him to Mexico in the meantime, or will I be required to stay here and work. I am young, healthy, and fluent in Spanish. Would these things negatively impact my application for a waiver? Also, what happens if the waiver is denied? Someone please share knowledge or experiences. I am especially worried about what will happen when the application goes through. An INS officer told me to expect to be processed within two or three months. I am a college student and will be graduating this Spring. I think that my husband getting deported in the middle of my final semester would be extremely traumatic for me and my grades. Someone please answer. I have already posted this once 3 days ago and gotten no responses. Thanks.
    Have a nice day

  4. #4
    Hi. Well, as you seem to know, since your husband entered illegally he cannot change status in the USA. He will be required to return to Mexico and and wait for the I-601 to be approved (it it s approved).

    You will also need to file forms such as the I-485, DS-230, DS-864... or something like that. I get confused with some of the numbers especially since I have been waiting on the I-601 so long that I haven't touched these in ages.

    But also, if he is deported you will have to file the I-212, which is similar in nature to the I-601... but you might want to avoid that by having him leave the USA before being forced to leave... would this require that you marry in Mexico? If so, and you decide to go this route, then you wil also need to file the I-130 for recognition of your marriage.

    There is always the chance that the I-601 will be processed in two months or so... however, I wouldn't count on that. Most quotes I have heard involve approximately a year. The best way to be sure is to call the actual embassy where the waiver will be processed.

    However, depending on your embassy, you will also have to wait for other things, such as the I-130 to be approved, the I-485 to be denied (this is the number I am not sure of), and maybe even for the results of fingerprinting to be returned.

    THIS WILL NOT BE A TWO MONTH PROCESS!!!!!

    Yes, you can go to Mexico with him, but you should definitely make it evident in your waiver that there is no way that you can stay there. You may even want to avoid mentioning that you are planning on going to Mexico.

    The fact that you speak spanish and are young and healthy should not actually prejudice you in the waiver, however, you shouldn't mention these things. They care only about the hardship that you will be facing.

    There are several postings on here regarding the I-601 that are fairly helpful. Examine some of them and keep us all posted on your case. I am sure that everyone will try to help you as much as possible.

  5. #5
    Thank you so much for your advice. I already filed an I-130 in March of last year. I am not sure what will happen once that gets processed. My husband is still here in the US living with me. Do you know what will happen once the I-130 is processed? Will he then get deported or will he get something asking him to voluntarily leave? The thought of living apart for more than a few months is too much. Our relationship has never been a long distance one. We have so many things that we want to do. It's so unfair that we have to do all of this c r a p and wait for years. We just want to start to do things other young couples take for granted like start saving for a down payment and have a baby. I read your long thread all about the waivers. It made me cry. I feel so discouraged when I think about it. I guess in the long run it will be better.....A marriage can gain strength though hardship.....right? *****sigh******8
    Have a nice day

  6. #6
    We filed outside the USA, so things might be a little different.

    After the I'130 we needed to file for residency, we were turned down and told to file the I-601. and that was basically what happened.

    I think that a marriage can definitely get stronger and better through hardship. I am and have always been a strong believer that, that which does not kill us makes us stronger.

    Hang in there... the time passes slowly, but it passes!!!!

  7. #7
    Does he have any proof of being here before Dec. 2001? he may be grandfathered in to the LIFE act. Our lawyer got my husbands 485 pack filled out and sent in, based on proof that he was here. We also filed the I-130 way back, it was approved and INS lost the application, that is when we hired a lawyer. She said we should have never filed the I-130 alone, we should have filed the whole 485 pack. My husband had been here illegally for 5 years before we filed.

  8. #8
    My husband was here at that time, but we were not yet married. I was actually given very bad advise not to marry. A women at a community information center, whom I now suspect of purposely giving me the wrong info, told me that if we applied for a marriage license my husband would most likely be deported. We finally ended up marrying anyway (nothing happened, ;-) in February of 2002. I filed I-130 in March of 2003. I didn't file the 245i because I thought that we had passed the deadline.
    Have a nice day

  9. #9
    Everyone keeps saying he needs to go back. Well we talked with 3 lawyers before we filed, they all said the biggest mistake is for my husband to cross that border. DO NOT cross that border. We had first filed the 130, then it was approved and disappeared off the face of the earth, that is when we hired a lawyer that said we should have NEVER filed the 130 alone, but should have filed the whole 485. Well she asked if he had been in the U.S as of Dec. 200/2001? Answer? yes he hasn't been out of the states in 9 years. She said since he had been here he could be grandfathered in.

  10. #10
    By the way- my hubby too was an EWI. If your petition comes back approved, turn right around and file the 485 pack. What we were told was the file would go to the service center, then if approved on to the consulate in Juarez, they stamp it or whatever and since your hubby is already here, they send it back.

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