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Adjustment of Status issues when spouse EWI

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  • #16
    Dear OP, let me recant my "last comment" promise. Aneri and 4now, I owe you an apology. I failed to acknowledge the fact that we meant the same thing. I sincerely apologize to the two of you now. For some reason it was just how I said it that the OP has finally absorbed what we meant.


    • #17
      4now, Aneri thanks alot for addendum to your original posts. Iwas a bit confused. I spoke with the couple yesterday and the information was not well received. They (especially him) appeared very discouraged; she said he would have to go back to selling vegetables in Mexico (though he owns a house in Mexico). He can only read on a first grade level. No, there's nothing that would bar him except the EWI (no criminal background). The communication between their lawyer has not been good, apparently. She told me the when she called only the secretary would speak with them (lawyer too busy or unavailable) so she said she was going to go sit in his office until he saw her. I don't think they disclosed that he EWI on his I-130; that's why it was approved.

      I don't really know what went on before with their lawyer, why they waited so long to follow up on it-- He should've explained their options and advised him to leave the country. I can only speculate--it seems they put all their eggs in one basket and were hoping the laws would be changed.


      • #18
        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Langford:
        I don't think they disclosed that he EWI on his I-130; that's why it was approved. </div></BLOCKQUOTE>

        I-130 is to establish the relationship between the petitioner and the beneficiary, and if the petitioner may file the petition (is USC or PR). I-130 would be denied only if the petitioner can't prove that he/she is related to the beneficiary as spouse, child, parent, or sibling and/or if the petitioner is not eligible to file the petition(Permanent resident filng for sister).

        When a couple is legaly married (and there are no inidication that the marriage was entered only for the immigration benefits), I-130 is approvable.

        After that comes the second part where the beneficiary has to prove that he/she is eligble to adjust status, get an immigrant visa etc.

        Because of EWI, your friend can't do AOS. And because of illegal stay in the USA and bar, he will be denied an immigrant or non-immigrant visa at the consulate. Looks like he is eligible to file for a waiver.

        Your friends should read about the waiver process in Mexico. It has a high approval rate and a special program where it can be decided (approved hopefuly) in a day. If everything goes well and documents are well prepared, he may be in Mexico only a short time (weeks?).


        • #19
          1. check out if I-130 is still alive
          2. if yes: file I-824 and ask for consular procesing
          if no: file new I-130 indicating consular procesing
          3. receive some papers from NVC and return to them (choice of agent, bio forms, afidavit of support)
          4. interview in Mexico scheduled (based on I-130)
          5. husband can leave for Mexico a few days before the interview to do the medical, (should find out how to get Mexican police report and ask for it in advance because it may take some time)
          6. husband is interviewed at the consulate. Visa is denied because of overstay and 10 year bar
          7. he will be instructed when and how to file a waiver. It is done at the consulate.
          8. he files a waiver (it may be soon after the interview so everything should be prepared - hardship letter)
          9. with this new pilot program, most waivers are approved the same day (in some countries takes years, so they should feel lucky)
          10. if waiver is approved, husband gets IR-1 immigrant visa and can travel to the USA the same day
          11. a few weeks after arrival, husband gets green card in the mail

          USC spouse does not need to go to Mexico, but it may look better if she is present...

          There is a poster here who just went through the interview in Mexico... do some search. Her topic was about the hardship letter.


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