Facing reality

[stephQ]

Dmartmar, For the love of all thats good PLEASE go to school, get a education and learn to read first of all. Lets go back to my original post: FACING REALITY. I know that I have the choice to either go back with him or stay here, my question was: how long should we anicipate him having to be in his home country, granted all goes well. SO there is no crying or whinning and there WILL NOT BE any. I'm a very realistic person FACING MY OWN REALITY. And as quoted by you: Now you know why your husband has been so "perfect" all this time.

NO I DO NOT know why he has been so " perfect " all this time, please explain what the **** you are attempting to say.
And please, just as a side note, do not attempt to get under my skin anymore, its not working

[GIGI85]

Hey StephQ sorry to hear about your situation, OK responding to the real reason why you are here first you have to apply for the I130 which takes approximately 5-8 months depending on the service center then its going to get forward to the National Visa Center (NVC) I found this that might give you an idea of how the process looks

<span class="ev_code_PINK">A few weeks after you have sent your petition to the nearest CIS service center, the service center will send you a Notice of Action (aka NOA) letter indicating that they have begun processing your I-130 application. You can check the status of your application as well as other processing time information here. </span>

<span class="ev_code_PINK">When your I-130 petition is finally approved, the service center with which you filed your petition, will send you another Notice of Action letter indicating your approval, and the forwarding of your approved petition to the National Visa Processing Center in Portsmouth, New Hampshire, along with a phone number to contact the NVC with. Your case will now only be dealt with by the NVC. The service center that you filed with, will have no more knowledge on the status of your petition or case.</span>

<span class="ev_code_PINK">A few weeks after you have received your last Notice of Action indicating the approval and forwarding of your I-130 application to the NVC, the NVC will send your relative a packet of forms that you and your relative must fill out before your relative can be given an interview date with a consulate abroad. The packet will likely contain an Of-169 form, and an Of-230 part one and two forms that must be filled out by the intending immigrant. An I-864 form is also included that must be filled out by the petitioner (living in the US). The I-864 is the Affidavit of Support form that requires copies of the petitioners past 3 U.S tax returns (or tax transcripts which are free from the IRS) as well as any bank or financial records available (see the I-864 for exact requirements based on your case). The petitioner must make at least 125% above the U.S federal poverty to indicate to the U.S government that the intending immigrant will not become a federal charge to the government when he/she arrives in the U.S.. If the petitioner cannot meet these requirements, then he/she must still file an I-864, and find a joint sponsor who can meet the requirements on his/her own. When a joint sponsor is needed ,proof of their U.S citizenship or permanent residency is required. (i.e. copy of birth certificate, immigration status etc). The joint sponsor must be residing in the U.S, and he/she must also submit his/her past 3 years U.S tax returns along with bank or any other financial records available. The joint sponsor must submit his/her own I-864 form to accompany the petitioner's I-864 form.</span>

<span class="ev_code_PINK">Forms that may be either sent back (or requested to be gathered and kept for the interview) to the NVC or the consulate abroad (depending upon which consulate you are going through) before an interview date with a consulate abroad can be scheduled are as follows: </span>

<span class="ev_code_PINK">Pre-Interview Forms / Items: 1. Completed and signed OF-169. </span><span class="ev_code_PINK">2. Completed and signed Of-230 Part 1 and 2 forms. </span><span class="ev_code_PINK">3. I-864 Affidavit of Support Form along with past 3 year U.S tax returns (or transcripts) and any other financial documents required. </span><span class="ev_code_PINK">4. A copy of intending immigrants biographic page of passport(s) including expiration date. </span><span class="ev_code_PINK">5. Original or certified "long" birth certificate. * </span><span class="ev_code_PINK">6. Original adoption decree. (if applicable)</span><span class="ev_code_PINK">7. Marriage certificate. (if applicable) </span><span class="ev_code_PINK">8. Divorce decree(s) or death certificate(s) (if applicable) </span><span class="ev_code_PINK">9. Police certificate(s) ** </span><span class="ev_code_PINK">10. Court and prison records.(if applicable) </span><span class="ev_code_PINK">11. Custody records. (if applicable)</span><span class="ev_code_PINK">12. Military records (if applicable) </span>

<span class="ev_code_PINK">After the NVC or Consulate Abroad receives the above forms and supporting documents (which may not all be required to mail back at that time), an interview date will be scheduled for the intending immigrant at a consulate abroad. The NVC or the consulate abroad will send your relative a letter indicating at what time and day the interview is scheduled for, and of required forms that must be brought to the interview.</span>

He should leave the US probably a week b4 the interview to get his medical exam. At the interview he is going to get denied for the visa that's when he should apply for the I601 waiver for his unlawful presence in the US. This waiver takes 6-8 months to get approve but again I recommend you to get a good lawyer that way he could prepare you and guide you to prove the extreme hardship him not being in the US is going to cause to you and your kids. Good Luck

[dmartmar]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Dmartmar, For the love of all thats good PLEASE go to school, get a education and learn to read first of all. Lets go back to my original post: FACING REALITY. I know that I have the choice to either go back with him or stay here, my question was: how long should we anicipate him having to be in his home country, granted all goes well. SO there is no crying or whinning and there WILL NOT BE any. I'm a very realistic person FACING MY OWN REALITY. And as quoted by you: Now you know why your husband has been so "perfect" all this time.

NO I DO NOT know why he has been so " perfect " all this time, please explain what the **** you are attempting to say. </div></BLOCKQUOTE>

That any run-ins with the law will do him harm and being a good citizen will do him good, as they both relate to immigration.

[user99]

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by stephQ:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by user99:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by stephQ:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by SONOFSAMMY:
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">He has all other requirements ( e.g . good moral character, no criminal past ) </div></BLOCKQUOTE>

- He entered the country illegaly and had children outside of marriage. Could you explain your standard of "moral character"???
</div></BLOCKQUOTE>

Ok sonofsammy sincere apology, this is meant for user99
Lets calmy go over this, again where did you read that I myself am illegal? I beleive that I clearly stated and I qoute " I'am a born and raised U.S. citizen " so now we have that out of the way.
Next, I'm going to agree with you, wow what a concept.. me, agreeing with you.
NO they should not make it easy and they shouldnt. Yes there is a price to pay. I FULLY comprehend that.
That is why, if you go back to my original post, you will see the heading " facing reality "
I'm happy to know that your reality is much more simpler for you.
BTW, and yes being of good moral character has a HUGE impact on being able to adjust status.
Lets think real hard about it ok,
If someone comes here illegally, commits crimes, lets just say robs a bank or kills a person, do you think that if they tried to adjust status that we would allow them back easier than lets say a person that has never done anything like that? thats what being of good moral character means.
I hope this example helps you understand a little better


SON OF SAMMY

Sure I can, where in my post did u see that we had our childeren OUTSIDE of marriage? Oh, snap! thats why you didnt see that, because we had them while married!
Good moral character: UM, ok I dont think that I need to explain that one but I'll try if you promise me that you will follow along very, very carefully ok allright, are you following so far? great ok, now good moral character, works, supports his family, is not on welfare. Supports his wife and 2 kids. Is not just sending money back home. has not ever been arrested, not even a traffic ticket. Um what else sonofsammy? </div></BLOCKQUOTE>

Look, I don't think that it will help that he has good moral character. He entered illegaly, is still here illegaly, and there is a price to pay for that. Otherwise, most of you illegals would be getting away with this. Do you think they are going to make it easy for you? H*ell no! and they shouldn't !!! </div></BLOCKQUOTE> </div></BLOCKQUOTE>

I think you are confusing yourself. I didn't say you are here illegaly, I said "your husband", anyway, who in their right mind, if they commited a crime, would try to adjust their status and not think they are going to get deported? That's crazy talk ! Good moral character or not, it doesn't make any difference. You mean on the application one would put "no I'm not of good moral character", pbut please adjust my status. His chances are no better without a police record.

[AssistantAdvocate]

Dear StephQ,

You and I already discussed Good Moral Character so I won't go into all that. I just worry about other people reading these posts and believe the erroneous information some people give on here.

As far as your question about length of time it will take to process your husband's Imediate Relative Petition and Consular Processing, well, GIGI had it basically correct.

I don't know which service center jurisdiction you live in but the Texas Service Center is taking about 6 months to process IR6 Petitions at this time.

It takes about 2-3 months for the National Visa Center to process the Immigrant Visa Packet, depending on how long it takes you to submit all the paperwork they need. They work pretty fast.

When you get to the Consulate level, it various by country.

This is the URL for the website of the U.S. Embassy in Guatemala.

http://guatemala.usembassy.gov/iv_general_info.html

You can contact the embassy to find out what the normal wait time for the Immigrant Visa Interview is once they receive the Consular Packet from the NVC. They may or may not give you an answer. Your husband would have to file the I-601 at the Interview. He would then have to wait for the I-601 to be adjudicated. You can also ask the Consulate what the normal processing time for the I-601 would be.

You may want to consider just filing the I-130 Petition, then wait for possible changes in Immigration Law in the near future. You may not have to go through separation from your husband after all.

In some cases, the Immigration Service will consider the fact that he has never been convicted of a crime in their decisions for Waivers, Removal Proceedings, etc.

These issues are very close to my heart and I hope that I have given some assistance to you.

I wish you all the best in this process with your husband for the sake of you and your children.

If you decide to file paperwork for your husband, please do so with the assistance of a reputable and experienced Immigration Attorney.

(THIS IS NOT LEGAL ADVICE)

[stephQ]

GIGI & ASSISTADVT .... You 2 are both awesome people Thank you very much for taking the time out of your day to shed a little more light on the process. God bless and take care Steph