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AFTER I-601 Spouse or somebody

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  • AFTER I-601 Spouse or somebody

    After an I-601 is approved, what happens? Does the alien have to re-apply for an immigrant visa, or is does s/he get her passport stamped? How would it affect the I-601 case if the petitioner were to go and live in the aliens country with him/her in the meantime? Would it work if the petitioner maintained a residence here but was really there with his/her spouse most of the time during the wait?
    Have a nice day

  • #2
    After an I-601 is approved, what happens? Does the alien have to re-apply for an immigrant visa, or is does s/he get her passport stamped? How would it affect the I-601 case if the petitioner were to go and live in the aliens country with him/her in the meantime? Would it work if the petitioner maintained a residence here but was really there with his/her spouse most of the time during the wait?
    Have a nice day

    Comment


    • #3
      Gluhbirne,

      After the I-601 is approved, the immigrant gets another interview at the consulate, at which time the passport is stamped and he/she crosses the border back into the U.S. And from what our lawyer has told us it's perfectly fine for the U.S. citizen to be with the immigrant spouse during that time. I'm planning to go with my husband to Mexico and stay three months or so when he has to go through all this process.

      Has your I-130 been approved? How close are you to the interview date?

      Esperanza

      Comment


      • #4
        No, it has not been approved yet. Our receipt date is March 26 2003 and our Service Center is on Feb 28 2003, so I'm asuming we'll hear something within the next few months. I am hoping to go to Mexico with my husband, but I don't want to do anything that will hurt his I-601. I have considered looking for a job in El Paso so that hubby can live in Juarez and that way we'll be close I've been told that the I-601 in Juarez is pretty easy to get and that it takes around 10 months. Has your lawyer ever filed the I-601 in Juarez? I'm not sure whether I will end up hiring a lawyer or not. The nearest (good) immigration lawyers are two hours from our town and we both work business hours, so we'd have to lose work to see them.
        Have a nice day

        Comment


        • #5
          Our lawyer has done around 30 cases like ours - (waivers in Juarez). He also charges quite a bit of money, but I figure his expertise and experience are worth it. He's got two cases of people who are waiting for waivers in Juarez right now, and that's where I got the info that waivers are currently being processed in 4 months. Also I'm in email contact with another woman in our position whose husband is in Mexico now waiting for his second interview (waiver was already approved). His first interview was early Dec., his second interview is scheduled for mid-April. So that one is a little over four months.

          I don't think there is any reason why you should try to do the El Paso/Juarez thing - especially since both of those towns are NASTY, not to mention DANGEROUS!! (especially Juarez) Why don't you go back to hubby's home state and live there for awhile while waiting for the waiver? That's what we're planning to do - as well as do some travelling around Mexico. Where you live doesn't change the fact that you're a U.S. citizen, and that the basis on which you're petitioning for your husband.

          Btw, here's the website of a lawyer who does I-601 waivers, you can hire her through the internet...

          http://www.xsorbit6.com/users/immigration/

          Good luck! We filed in March, 2003, too, but unfortunately our service center is currently processing Aug. 2002. *sigh*

          Esperanza

          Comment


          • #6
            You do not get stamped at the (second) interview, you simply get the visa packet.

            At the airport you present the visa packet... they will give you secondary inspection and the stamp at the airport. (My husband went through with no problems!!!)


            I lived with my husbnad for six months in his country, so I do not think that it will have a negative effect, as long as it is very very clear to the officer in charge that this cannot be a long term arrangement (then they might assume less hardship!!!)

            El Paso is about 45 minutes from where I live. It is not the greatest town and neither is Juarez, but both (I think) are liveable. We considered the possibility of doing something like what you are considering, but it worked out to be more practical to live further apart... especially since my husband is not Mexican!!!

            Anyway, I gotta run and spend some time with him, but I hope this helps a little!!!

            Comment


            • #7
              Thanks so much, Spouse!! I really appreciate your advice. It makes me feel a lot better to hear from someone who's succeeded. So, you basically have to fill out the visa application again once the waiver is approved and bring it to the airport ? Did you have to re-submit your financial information for an updated affidavit of support? The only reason I worry about that is because I can only meet the poverty line with my husband's income included (We filed using an ITIN). If they are going to need a new, updated affidavit by that time, than there is no way I can stay in Mexico with my husband for even a few months, because I'll need to be working full time up here in order to meet the poverty line. I'm not sure if I could talk my parents into being co-sponsors, but I want to avoid even having to try if at all possible. My income has been very low since I have been a full time college student and have only been working part time for the last 3 years. I am graduating this May, though, so I'll be free to start working full time.

              So, now that your hubby has his greencard, what are you going to do? Any special plans in the works? Maybe a little rugrat ? or two ?

              [This message was edited by Glühbirne on March 19, 2004 at 02:21 PM.]

              [This message was edited by Glühbirne on March 19, 2004 at 02:22 PM.]
              Have a nice day

              Comment


              • #8
                Hi. Assuming that the embassy/consulate that you are filing with operates the same as the consulate that we dealt with then they will maintain your documents on file, and will only update them with materials that are missing or are in need of updating, once the I-601 is approved.

                Assuming another year goes by (i.e. it is after April 15, 2005) you will need to submit the taxes from the previous year. If the second interview is scheduled before April 15, 2005 you will not need to include the 2004 taxes, only the proof of current employment.

                At the second interview they will give your spouse a packet. When your spouse flies into the USA your spouse will present this packet and will go through "secondary inspection" at which point your spouse will be given the I-551 stamp which will be valid for one year and will work as if it were a "green card". (The actual green card will arrive in the mail later on).

                Most likely, you will not need to re-do or resubmit any forms that you have already completed.

                I think you could probably stay a few months in Mexico, and if I remember correctly you were even talking about the possibility of moving to El Paso. Both of these would probably enable you to continue to earn above poverty line (however small!!)

                Anyway, rugrats will probably be in the works in the next couple years, but right now I have a massage waiting so I have to run!!!!

                Hang in there... you just need a lot of patience to deal with this!!

                Comment


                • #9
                  Thanks again for the advice. I have heard that the I-601 in Mexico takes less than a year, but my motto in this whole immigration situation has been "Plan for the worst, hope for the best." I don't think it would be too bad living in El Paso as long as my hubby could find a decent job in Juarez. I'm thinking of finding a cheep room for rent where I could officially reside and receive my mail etc. Of course, I would probably be staying in Juarez most of the time

                  I'd just like to say "thanks" for continuing to come to this board, even though you're done. I'm sure I'm not the only one who appreciates you showing up and giving your kind advice when there are plenty of other things that you could be using your time for.
                  Have a nice day

                  Comment


                  • #10
                    Sounds like a pretty good plan. You might want to consider just getting a P.O. Box (or using your parents address) for mailing purposes. As long as you are planning on spending most of your time in Juarez, why waste money in El Paso (unless you think that you will need to work there, and will therefore need a place to crash every once in a while!!)

                    A P.O. Box here in Las Cruces ran me approximately $25 for the whole year!!!

                    I agree with your motto, "plan for the worst..." it is definitely the best thing you can do.

                    I am glad to hear that you think I am helpful!!!! and I definitely wish you the best of luck!

                    Comment

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