Wife non-resident Alien need help with timeline.

[Green-go]

Wife is non-resident Alien,that entered without inpesction, from Peru 8 years ago. She used a friends Visa. We have a 3 year old (US citizen)and she has a teenager (came in with travel Visa that has since expired.)

It appears we cannot depend on the government to do something so I am contemplating going the waiver route.

So, Ladies and Gentlemen I want to keep this simple, I pretty much know we need to first send in an 1-130 than 438 and have an interview in Lima where our fate is decided. Or something like that???

Basically, I am asking if someone could in timeline form, perhaps a Mock timeline show us what are the most likely steps we are going to face.

and how long do you think she will get banned if we don't succeed. And if we try and try and try. Could we expedite the process if she where declined. I have heard if you clearly give good reasons why the US citizens would be incapable of living in the foreign country than most will get a waiver. As well as proove in your interview that the marriage is sincere...

Sorry the post is so long, but once again...

what would our timeline look like?

thank you

[Jake01]

Green-Go try posting in the 601 waiver thread, you may get a response there,

sorry I cannot help with your situation, but there are plenty of people here that can, just be patient, and you will get answered.

[Pinkpig]

Generally from the beginning with filing the I-130 to getting a waiver approved in Lima will be about 14 to 18 months. If all goes well.

Not sure if she will be charged with misrepresentation for coming in on a false visa or not but definitely she will be charged with unlawful presence of more than 365 days and receive the 10 year ban. It should be waivable with marriage to a USC and waiver approval.

There is some discussion on whether she would be eligible for an in-country waiver because of the inspection with the false documents.

Lima is not the easiest or the hardest for approvals but with a well documented waiver package and hardships you should be able to get an approval.

I think it makes the most sense to run all of your facts past a trusted immigration lawyer who has experience with waivers in Lima if at all possible. Minutia can come back to bite you in the butt in the most unusual ways with immigration.

If you post in the I-601 other countries forum you will probably get a better response.

Tons of information here on this site...so read all that you can....

Good Luck.