I-601...

[nattybme]

I'm not entirely sure what the next step is for us.

Where can I find this form?

What do he & I need to do?

We don't have a whole lot of money to spend on a lawyer. Is this something we can do on our own?

Would it be better if we got a lawyer?

How long before he can start working?

How do we go about getting him able to work?

What is the age limit for his children to come?

What sort of documentation do we need for them?

Should they come visit first?

I can't think of any other questions right now. If there is any other advice or anything, it would be greatly appreciated.

Thank you in advance to all of you who will be helping me.

[russ2169]

Hi Nattybme,

At the top of this page is a search, type in I-601.
Yes, you can do this on your own. It will take a lot of waiting time.
Where are you in the process now?
He can't start working until he is approved to be here legally.
The children need to come legally with an I-130 visa also.
This should point you in the right direction.
Please let me know if I can help you further.
Edit:
Hi Nattybme,

At the top of this page is a search, type in I-601.
Yes, you can do this on your own. It will take a lot of waiting time.
Where are you in the process now?
He can't start working until he is approved to be here legally.
The children need to come legally with an I-130 visa also.
This should point you in the right direction.
Please let me know if I can help you further.
Hi again nattybme,

Did you check the information links above from Laura?

[nattybme]

This helped a little.

As for the process, we have not started yet. We haven't been sure if we wanted to get a lawyer or not. Our main concern/fear is that something will happen and he'll be deported. It scares me even to think about. There was one night, he wasn't at home and I couldn't reach him on his cell phone. I tried a couple of places and he wasn't there. I live a couple of blocks from my work. When I was getting ready to leave a Sheriff car drove past towards my house. Now normally it wouldn't be a big deal, but for some reason my stomach dropped. The girl that was with me made a joke saying it was for my husband. Not even 10 minutes later the car drove back past. I went home and discovered he was not there. I flipped. It scared me so bad. The thought of not knowing what was going on and not knowing where he was made it almost unbearable for me. I left with a friend to see if we could find him. Drove to a couple of places and he wasn't there. One of them he had been there earlier but had left. We decided to go home. When we got there, he was there. He had lost his phone. He had been helping a friend whose girlfriend had kicked him out.

As for the search, I tried that, but I didn't come up with the form.

[Laura]

Natty - you don't have to worry about the I-601 if you haven't started anything yet.

Go to USCIS.gov, click the forms and fees tab, and you can find the I-130 petition there (or, if you aren't married yet, look for the I-129F) and also the I-601.

If you still have questions, there is a guide in my signature that should help you.

You don't need a lawyer for this process, but if there are certain issues, like a criminal record in particular, it's strongly recommended you hire an attorney. However, if you are going through a more lenient consulate, like any in Latin America, you should be able to do it on your own. You need to read and research and be confident about it though.

Also, he can't work legally until you go through the whole waiver process and he returns to the U.S.

[russ2169]

This whole process can be scary at times.
You need to know how many times he has been here before. If only 1 time after April 1 1997, then he should be eligible for an I-601 waiver. If he has been here unlawfully for more than one year. If he has been here more than 1 time and more than a year, he would have a 10 year ban from entering the US again.
Basically, you need to file an I-130 asking for a visa to enter the US.
If I-130 approved you continue processing through the NVC, National Visa Center.
After the NVC, this get forwarded to the Embassy. An interview appointment is made and after they deny the VISA you would file the I-601.
This process will take about 6 months for the I-130, then another 5 months at the NVC, then 2 more months or so for an interview appointment.
Then depending where you file, Guatemala, will take another 6 months for the approval of the I-601. Unless you have medical cause for an expedited case.
If you are really wanting to do this, you should get the ball rolling sooner than later.

[nattybme]

Thank you so far. I have the forms. After reading through them I only have a couple of questions. I don't have time to type them up, but I just wanted to say thanks.

I feel very blessed to have came accross this site.

If anyone has any information on his children (now ours:cheerful:). I know I have to fill out the I-130, but how long does it take for them since they are out of the US. They never came here. Our oldest is 20 (side note: I still smile and chuckle thinking that I am only 24 not quite 25 and I have a son that is 20:D), anyways is there enough time for him to get here legally as our child. I would like honesty, I mean I know it will probably vary case to case, but on average, is it likely.

Is it ok for the children to get tourist visas and visit?

[russ2169]

nattybme,
The process is the same for the children, but no I-601 would be needed. No, illegal entry into the US. I believe if you are a stepparent you cannot petition for someone over 18 if your marriage took place after the child's 18th birthday. As far as being 20, I don't know the law on that. Hopefully someone else will know and answer back.
The children getting tourist visa and then staying is also against the law.
If they are going to stay here in the U.S. you need to file for permanent resident, not tourist.

[nattybme]

I wasn't meaning for the kids to stay permanently. I meant only to visit. I didn't know if them getting a tourist visa and visiting would harm the process at all.

[JennyM]

I wasn't meaning for the kids to stay permanently. I meant only to visit. I didn't know if them getting a tourist visa and visiting would harm the process at all.

In Guatemala they still have to be approved of a tourist visa on thier own especially if they are over 18. It probably would help if they already had a parent in the US but ultimately it is up to the consulate official they speak to.