ok everyone need your opion and confirmations

[Jerry C]

Situation.... wife entered u.s illigally....

Here is what 3 different attorneys told me and what several people on this chat board have said do you agree or not.

FIle the I-130 petition then file the k3 visa app along with the wavier (is the I601 correct wavier) if granted the wavier she can adjust her status once in the us will it work. CAn i do it on my own or should i hire one of the attroneys that advised me, (there fee is 3500)
it seems easy wnough what do you think

if i file the I-130 and wait the wait time for that in my service center is currently 1 1/2 ys will the above work

[Jerry C]

Situation.... wife entered u.s illigally....

Here is what 3 different attorneys told me and what several people on this chat board have said do you agree or not.

FIle the I-130 petition then file the k3 visa app along with the wavier (is the I601 correct wavier) if granted the wavier she can adjust her status once in the us will it work. CAn i do it on my own or should i hire one of the attroneys that advised me, (there fee is 3500)
it seems easy wnough what do you think

if i file the I-130 and wait the wait time for that in my service center is currently 1 1/2 ys will the above work

[Pandora]

The law changes of 1996 made it impossible for an alien who entered the U.S. uninspected to adjust his or her status, no matter what the circumstances.

No matter what you file for your wife, the only way she'll be able to adjust her status or will be processed is by leaving the U.S. and obtaining a waiver for the illegal presence since she was never admitted, she is barred for admission 3 and/or 10 yrs. respectively. It is not too complicated to file, but it doesn't look too favorable either; it might be a while, or may go quickly, depends on her background, your ability to sponsor an alien, how long she was present in the U.S. etc.

[Spouse]

File the I-130. Then schedule the interview. If the I-130 has been approved by the time of the interview do not apply for the K3, request residency.

If the I-130 has not yet been approved, then at the interview file the K3.

At the interview she will be denied. At this point she can submit the waiver (and be fingerprinted).

Assuming the waiver is approved, she will then have another interview (for the immigrant or K3 visa.) If it is the immigrant visa no adjustment of status will be necessary. If it is the K3 visa then once she returns to the USA she will be able to adjust status.

One thing to double check is if you originally file for the K3 visa, then submit the waiver, then, once the waiver is approved can you do the final interview for the immigrant visa (by the time the waiver is approved there is a relatively good chance that the I-130 will have been approved!)


So, basically what you said seems like the right idea to me.

As for hiring a lawyer, well, it is always complicated. Part of it depends on your financial situation and on your motivation. But I would recommend working with a lawyer in at least some capacity (consulation?) however, I would not recommend leaving it completely to a lawyer.

From what I have experienced and heard from others the best way to do this is to be as involved as possible every step of the way to make sure the lawyer is doing it the way it should be done and in a way that you agree with. Or to do it yourself and request a lawyers feedback from time to time.

I hope this helps and I do wish you the best of luck!

[ardainia]

Okay...I have heard this a lot on this chat board and I am wondering one thing...where are these people immigrating from? I have know people that have come from Canada without inspection married someone in the states and then never went back home. So I am not sure about that adjusting status thing. I guess it depends on where you home country is.

[Spouse]

people who come from Canada do not need visas.. therefore the "inspection" process may be different.

[Glühbirne]

Most of them are from Mexico or Central America. Some are also from the Philippines.

[sup]

Hello Hello! Aren't you all missing something?!

She entered country ILLEGALLY. There's NO way she can adjust her status while in the U.S. Does 245(i) ring a bell? She'd have to go back to her home country and go through consular processing to adjust or re-enter on K-3! If he files I-130 and wants her re-enter as an immigrant he MUST put "consular processing" as a way of adjusting. If K-3 then I guess I-485 will do. And to top it all off the wrath of I-601.

[illegal&inlove]

Have you been married less than two years?

If I understand correctly, Jerry's wife is from Mexico - so he would be using the consulate in Ciudad Juarez. He can't just schedule an interview - he would have to file an I-130, then file and wait for a I-129 to be approved, then call for an interview. Good news about Mexico is the I-601 waiver are only taking 6-8 weeks to approve now.

It comes down to this: Either way, your wife will have to go back to Mexico and stay for 4-6 months while either process is completed.

If you do a K3, you'll can be ready for your first interview in Mexico in about 3-4 months from the time you file the I-130 and you'll get this ball rolling now. When she comes to the US on a K3, however, you will have to file for adjustment of status and probably remove the conditions so she can be a permanent resident.

If you just do the I-130, you'll be going to Mexico in about a year in a half - same interviews, same process - but she won't have to adjust status when she gets to the US - and by that time, you will have probably been married 2 years, so she won't have to remove conditions either (she'll come as a permanent resident).

You can't say it about other consulates/countries, but the K3 process in Mexico really is fast if you file everything timely.

So...

K3 = faster but maybe more paper & costs

I-130 = slower but maybe less paper & costs

[ARQU]

It does make a difference.

If she is from Canada, she can simply return to Canada and then apply for the marriage based visa from there which will avoid a 3/10yr Bar. They will not have a record of her departure (and the fact that it was late) and will not know she was illegal.

However, that only will work if she is Canadian, and that she was legal (tourist visa?) at the time of the US marriage. If she is Canadian but cannot prove her status on the date of the marriage, you can go with her to Canada and get remarried. Then apply...

If she is from any other country - she will most likely face a 3/10yr ban if they find out she was here illegally.

It may take a long time for her to get back under any circumstance... Talk to a lawyer - it could save years of seperation!

ARQU

[Glühbirne]

What illegal& in love says is about right. That is the way that I'm going and my husband is an illegal from Mexico. No matter what, you're going to have to file the I-601 before she will be able to come back here, so you might as well opt for waiting on the I-130. You'll save yourself a lot of hassle.