Friday, April 30, 2010

Is there a waiver I can file before my spouse goes to the Mexican embassy to get a visa?

We have file a i-130 it was approved. They sent us to the Visa Center where we were asked to fill out a visa application and affidavit of support, both we filled out and we are now waiting for his visa interview in Juarez, Mexico. I have heard there is a waiver that can be filled out so he doesn't have to wait in Mexico for his visa to be approved, so he can apply for adjustment of status here in the USA. If he leaves that would be a financial crisis for me and my 1 yr old son.Is there a waiver I can file before my spouse goes to the Mexican embassy to get a visa?
Assumption that I am making in answering your question: Your husband entered without documentation.





If this is true, then you definitely want to consult with an attorney and NOT a notario. By leaving to United States to attend the interview you mention, he can be triggering a 3 or 10 or lifetime bar to reentry to the United States. It depends on the time he has been in the U.S. There is a waiver possibility for the 3 and 10 year bars, however, if the waiver is denied he is stuck in Mexico-- this is because you cannot apply for the waiver until the interview. A short consultation with an immigration attorney (someone who specializes in the field not a jack of all trades) may save you lots of money and years of heartache.Is there a waiver I can file before my spouse goes to the Mexican embassy to get a visa?
im sorry to say that if he came illegally into the US, that he is going to have to wait in Mexico, there currently is no waiver that allows him to wait it out here in the US. My husbands wait was 5 mos in Mexico prior to approval, i suggest you do what I did, go stay with him in Mexico until approved.
You're situation is confusing. But I think when you have your interview in Juarez to get a Visa, it doesn't take days to get it approved. In my brother's case, he filed for an I-129F (petition for Fiance), but she was in Mexico. Once it was approved a packet of info was sent to him of what she needed before her appt. She needed a doctors examination, which is done in Juarez for $150 and you get the results that same day, $100 deposited in Banamex, birth certificate, passport. Once she had all that they went the next day around 5:00 am, you don't need to set up an appt, and it was approved right away. Then they were sent to one of the ports of entry, I don't know what goes on in there, but they were out by 11 at night.





You can also find out at www.uscis.gov
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