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View Full Version : Our Story: Starting process, anyone else?


LovePacino
07-21-2007, 12:05 AM
Hi, this is my first time posting to this site and I'm hoping to connect with others who have gone through, or are currently going through, similar situations. In a nutshell, here's our story thus far:

-- I am a U.S. citizen, born and raised in the U.S.
-- My husband entered into the U.S. illegally in early Nov. of 2003 and joined his family in N.Y. (which is where we met, less than a month after his arrival).
-- We became a couple thereafter, and married in Las Vegas in Aug. of 2005 (we chose Vegas because we didn't want a big wedding, but also because my whole family is from L.A. and that made it easier for everyone to attend).
-- We moved from N.Y. to L.A. in May of 2006...which is where the trouble began - INS agents pulled us off the train en route to L.A. and he was processed and released.
-- We requested and received a change of court venue from N.Y. to L.A.
-- With the advice of counsel, we attended the mandatory court dates (requesting extensions, etc.) until finally, with no more options, my husband requested and received Voluntary Departure. He left the U.S. on April 10, 2007 and returned to Chile.
-- As advised by counsel, he presented himself at the U.S. Consulate in Santiago, Chile two days later.
-- Around late April (early May?), the I-130 was completed and submitted.
-- To date, we have NOT received the "receipt" indicating that the I-130 paperwork was received; our paralegal is looking into the delay (is this normal?).
-- We have been advised that after the I-130 is processed, we will also have to file a waiver due to my husband's unlawful presence in the U.S.
-- On top of all this, we are expecting our first child together (due date is Sept. 7). In the coming weeks we will request (but do not expect to receive) a special type of visa to allow him to travel to U.S. for the baby's birth - has anyone heard of this? Just wondering if this type of request is EVER granted in this sort of situation.

That's about it until now. Any advice, suggestions and/or similar stories any of you can offer would be GREATLY appreciated. Luckily, both of our families (his in Chile, mine in L.A.) are incredibly supportive. Also, my husband and I talk, e-mail, and/or chat online (with a webcam) every single day. BUT it's still so very difficult, especially with our baby son on the way (and due to the pregnancy AND my having fairly new job, I have been unable to travel to Chile yet). If you have words of advice, or just want to share, please write! Thank you...Maria.

meesh
07-21-2007, 02:36 AM
Hi Maria,

Welcome to the site! You will find a lot of helpful, friendly people in similar situations. In regards to the I-130, you normally recieve a receipt notice (I-797 Notice of Action) within 3-4 weeks from filing. Was if mailed certified, by any chance? Has the check been cashed? I would definitely look into what is going on. It is correct that you will have to file a waiver due to your husband's illegal presence. If approved, he will be able to return before the 10-year bar. You will have to prove that you (not him) will suffer 'extreme and unusual' hardship if he is not allowed to return. There are many examples of approved hardship letters on this website, so you may want to use them as a guide to get started on your own. You are not alone in this. We are here to support each other:) Good luck!

cecilia
07-21-2007, 07:36 PM
LovePaccino, You really need to find out what you never got a receipt notice otherwise they might have not got anything and your form got lost and you are wasting time. After that it will take some months to be approved, I would recommend you to in the meanwhile start the waivers, he will need both I-212 and I-601 for the illegaly presence and the deportation, you can use the same hardship letter for both so as soon as the I-130 is approved you can add a copy of it to the waivers and file it. I am not sure where would be better though, If LA where he was voluntarily deported or Chile where it will be sent to Lima, I know Lima takes about 4 months to check the waivers, pretty quick but if you file in Chile you will need to wait until the interview to do it....maybe someone can help you more about where would be the best. Good luck with your I-130
C

LovePacino
07-21-2007, 09:55 PM
Hi cecilia...Thanks for your response. I do intend to find out what the situation is with the I-130. But just for my understanding: Will he need BOTH the I-212 AND I-601 even though he was granted Voluntary Departure by the judge? I guess the part of this process that remains confusing to me is understanding the so-called "benefit" of Voluntary Departure (as compared to Deportation)? I ask about this because it appears that the I-212 form is for persons who were deported AND for those who voluntarily departed - so where's the benefit/difference? Because my husband had NO criminal record while in the U.S. (nor in Chile), we opted to "do things the right way" and allow him to voluntarily depart, knowing/hoping that our separation -- though difficult, and possibly long -- would be, in the end, temporary. Unfortunately, now that we are apart, and with a baby on the way, I have moments of panic when I wonder if we did the right thing! But, since he had been picked up by INS officials (in May of '06) his presence was no longer "under the radar" so to the speak, and we thought long and hard about what it would be like if he remained here -- we would forever be fearful of him being picked up again, and if that happened then the situation would have been even worse, correct? For example, he has a brother in NY who was granted Voluntary Depature, but he never left. I imagine that situation is worse than our, isn't it? OH, I feel so lost sometimes.

Laura
07-21-2007, 10:22 PM
Welcome LovePaccino. I believe the voluntary departure means he will NOT need the I-212, but you might want to start posting in the I-601 Other countries area to get a better answer. There are a number of people around that filed through CDJ in particular who were given VD, I think no 212 is needed.

In any case, you will need to start researching the situation with waivers in Lima. I would attend Attorney Laurel Scott's chat at 11:00 am central time on a Wednesday at visacentral.net and ask her about Lima - because a lot of the experience here is through Mexico (CDJ consulate), which is probably the easiest place to get a waiver approved.

In any case, it sounds like you have the entire process down, and now just need to wait and and hang in there. Good luck, keep asking questions!