Confused....

[LuckyPennyx2]

I married my husband, a national of El Salvador, this month. When we file the 1-130 and i-129F, does he have to be in El Salvador at that time, or only when it's time to apply for the i-601?...and there will be a need for a waiver filing, trust me.

thanks.

[JamieNickole]

Hello From another one going through el Salvador.. you hubby doesnt have to leave until a few days before the interview...
Were waiting on hubby interview now hes prob going to be returning to El Salvador the end of sep early oct...

[LuckyPennyx2]

Even if he EWI?

[JamieNickole]

yep Im perty sure.. My hubby entered EWI... And hes still here weve goen through the whole process. almost hes about to leave though..
I guess it also kind of depends on how long hes been here for? if hes facing the 10 year or 3 year ban...
hopefully someone else will come along and clairfy but i would keep him until they tell you he has to leave...

[tropical88]

yep Im perty sure.. My hubby entered EWI... And hes still here weve goen through the whole process. almost hes about to leave though..
I guess it also kind of depends on how long hes been here for? if hes facing the 10 year or 3 year ban...
hopefully someone else will come along and clairfy but i would keep him until they tell you he has to leave...

I agree, there is no point in leaving if he has already been here more than 366 days (subject to the 10 year ban). Stay in the US and together as long as possible, until you have an actual interview date there is no reason he would need to leave. A week before the actual interview is needed so he can do his medical...but that's it.

[simply-heartfelt]

He does not have to return until time for the interview.
Edit:
I agree, there is no point in leaving if he has already been here more than 366 days

Just to clarify, it is 365 days (a calendar year)

[Murillo79]

Just to clarify, it is 365 days (a calendar year)

This year is 366 calendar days! (Leap Year)
Edit:
If you give a detail timeline and if he has any criminal history/arrests we can help you out more.

But if he is here now, keep here until a week before your first interview.

You can file all the forms while he is in the US!

[tropical88]

Just meant that on the 366th day is when the 10 year ban kicks on - after the 365th day. Very unlikely someone will have a day difference and run back to their country to evade the 10 year ban, but just in case it lol.

[Laura]

Welcome Lucky -

Just so you know, filing the I-129F is not necessary. At this point, it's not much faster than just filing the I-130 for the immigrant visa. The immigrant visa makes things easier once the waiver is approved and he returns to the U.S., because no adjustment of status is necessary.

And everyone is right, he doesn't need to leave the U.S. until his appt is scheduled.

[salvimami]

the process for the i-130 here is very fast well that is if you filed in CSC because i hear Vermont is slow!! the problem is in el salvador things arent moving fast enough!!

[Paige]

From someone who has been separated from her husband for almost 1 year and 10 months, don't have him go until the interview.

[LuckyPennyx2]

thank you, guys. i feel much better knowing that. He and I have 8 month old twins and I am really going to have it hard if I have to do this without him here.

i'm really frightened by this whole process...

[mmegan2]

My husband and I filed initially years ago, and I have postponed his departure for the sake of our son and my sanity. Now I am told that we don't schedule an interview from the US, instead we have to travel to El Salvador and file in person after completing the medical exam and getting the police clearance letter. This was not the process a year and a half ago, when we were initially set to go for the interview.
Also, you should see an attorney, an immigration specialist and have her or him make sure that your husband is eligible for the waiver. There are certain things that will definitely make a person ineligible, so make sure before he goes anywhere.

[JamieNickole]

Also
I would suggest working on getting your Police report now.. youll need it for packet 3 and it takes about 2-3 months to get here.. You can go to the nearest el salvadorian conslet.. Ours was Chicago... theres also one in Ca... Not sure of the others...
Hope that helps

[simply-heartfelt]

Also
You can go to the nearest el salvadorian conslet.. Ours was Chicago... theres also one in Ca... Not sure of the others...


This might help in locating the closest one to you.

Jurisdicciones de Consulados de El Salvador en EEUU (http://www.elsalvador.org/embajadas/eeuu/home.nsf/infoconsular)

[salvimami]

hey..question...

does having an attorney help? in what ways?