waiver of grouds of excludability with I-130

[Shasta]

Can I file this waiver for an I-130 if my husband entered the country illegally? May I claim hardship to two USC (myself and my son)? I'm hearing a lot of different stories on this and was wondering if it's worth paying and applying for.

Thanks

[Shasta]

Can I file this waiver for an I-130 if my husband entered the country illegally? May I claim hardship to two USC (myself and my son)? I'm hearing a lot of different stories on this and was wondering if it's worth paying and applying for.

Thanks

[josephine schmo]

http://discuss.ilw.com/eve/forums?a=...11#44110245211

[Glühbirne]

First file I-130. Once it gets approved file for a visa at the consulate in your husband's country. When that visa is denied (it will be because of his illegal entry), you will then be instructed to file the I-601. After it is approved, your husband can get his residence and come back. You can wait for the I-130 while still in the U.S., but once your hubby leaves the country to go to the interview, he will not be allowed back in until the I-601 is approved and he gets his residence.

[Shasta]

Thanks!!!
Can he voluntarily go back to his country, now, or does he need to wait for his I-130 application to be approved. According to processing times we should hear something anyday. I'm not really sure, because our application was transferred to another service center, to speed processing, but that service center has passed our receipt date.

Also, when we file to the consulate in Mexico, do I need to file anything else here? Do I file the I-601 here or in Mexico?

Thank you so much for your help!!

[Glühbirne]

He can go back to Mexico any time he wants, but he won't be able to come back until the I-601 goes through, so you guys need to make your plans carefully. The I-601 will be filed in Ciudad Juarez, Mexico.