Starting the I-130 process

[nessc77]

So My husband and I have been married for 2 years on June 17 he has been here since 1998 so is he going to be banned from the US ??? i have been reading all kinds of things about him having to go back to Mexico and what not but we have two kids one of them is ours she is 8 months old and his son is almost 4 which he is my stepson and his bio mother has no contact with him not that that makes a difference but I am not currently working I am in school full time so all of our income is from him I have never been out of this country and from what Mexico sounds like it is a scary place to raise kids and I do not speak spanish so what would I do down there??? We are trying so hard to make a life for us and our kids but it is really hard to be denied everything when he is not "legal" here. Do I need to get a lawyer he does have two DUIs and now has to have a breathalizer till next year what is that going to do to us? What is going to happen after we send the I-130 is the question are we going to be living in Mexico ? I have nothing really without my husband so PLEASE HELP ME!!

[DeBenny]

Welcome! :wave: Dont be scared of the process, we are all here to help each other out since some of us are in various stages of the process. We all learn by asking questions and through experiences. We are all here to support one another :D. Please read the link on my signature re: the process to fixing status. He will need to return back to Mexico in order to complete the waiver process through the pilot program at Ciudad Juarez (aka CDJ). You will need to complete a hardship letter (aka HSL). You will need to provide evidence and a compelling letter as to why you, the USC, cannot move to spouce's country and why you, the USC, cannot live w/o your spouce in the USA because you will suffer extreme hardship. There are numerous examples of denied and approved HSL. Also, you mentioned that he had two DUIs. Can you give us more details as to when they occured? Just a heads up, gather all records re: the two DUIs since this will play into factor. He will need to prove that he has been 'rehabilitated'. Gather police, court disposition, and anything else such as community service, psych evaluations, classes and what not that he has been order to complete, if any.

[lisa7078]

:welcome:

[jsierra1982]

welcome!

how did he enter into the country, how many times and when?

i have heard it advised that you NOT start the process until it will be 3 years from the date of the most recent DUI by the time you get your interview. if you submit your i-130 2 years after the most recent DUI, you should be ok.

also, he does not have to return to mexico until the date of the interview. he can stay here with you until then, though he is still deportable.

[nessc77]

He has only came here once EWI in 1999 has been here since his charges with his DUIs will be dropped in 2009 I think is what the paper says he completed all of the requirments so yeah his last DUI was about 4 years ago I think so in 2009 it will be 5 years I think so yeah I just want to get the process going

[MMGCA]

Welcome!

[jsierra1982]

He has only came here once EWI in 1999 has been here since his charges with his DUIs will be dropped in 2009 I think is what the paper says he completed all of the requirments so yeah his last DUI was about 4 years ago I think so in 2009 it will be 5 years I think so yeah I just want to get the process going

ok, so start filing! the sooner the better...