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How Do I Get My Husband a Visa

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  • 12-21-2011, 03:55 AM
    wendysmiles
    How Do I Get My Husband a Visa
    I have just passed my 1 year anniversary to my husband. We met in the States, and married there. I then went thru the process to become a permanent resident in his country, and we moved here 6 months ago. He was in the US about 7 years, and I didnt want to live with him there as he was not legal, but, we both want to go back. He never had any immigration dealings - we left on our own accord (he lived there for 7 years).

    So, about 2 weeks ago, I submitted the I-130 petition with the geographical info they requested - for spouse. I hear that takes 4-6 months for a response, and it should be favorable as we are married.

    So, can someone please tell me the next steps, and realistically the time frame? I am hoping we dont have to wait out the 10 year bar on this either. We waited til our first anniversary to start this.

    Thanks
  • 12-21-2011, 04:21 AM
    Mr. Knowitall
    Re: How Do I Get My Husband a Visa
    Information on obtaining a nonimmigrant V Visa can be found here.

    If your spouse lived illegally in the U.S. for seven years, and has only been out of the U.S. for a year, odds are he has nine more years to go before his period of ineligibility expires. What are the details of his overstay?
  • 12-21-2011, 09:19 AM
    wendysmiles
    Re: How Do I Get My Husband a Visa
    Oh, no overstay - just never had the visa...I have heard some say he might get approval in a year as he did nothing wrong and left on his own accord...I also know there are waivers that can be done too - I have a medical reason to need him to be with me...it might be weak, but, Im willing to try anything. We are prepared to be here as long as it takes, but, it is hard planning not knowing how long we'll be here before.

    Im also looking for the next steps when that is approved...I'm thinking we have to go to the consulate to apply for the visa (which is a days drive from my house).
  • 12-21-2011, 09:57 AM
    Mr. Knowitall
    Re: How Do I Get My Husband a Visa
    So you're stating that he entered without inspection (illegally) and then stayed for seven years, departing a year ago?
  • 12-22-2011, 02:55 AM
    wendysmiles
    Re: How Do I Get My Husband a Visa
    In a nutshell...he never was looked at...we just decided to move, and work from his country...hoping we could get back in a few years, but knowing it might be 10. I know there is hope he can get back soon as 1) he never got into trouble and 2) he left because he wanted to and 3) I have heard that for a medical condition, it might be possible. I have been told to start with the family petition...which i have. so, im looking for the next steps, to ensure i understand them right, and im debating whether to save the $$ and do myself, or if an attorney would get better results.
  • 12-22-2011, 07:02 AM
    T53147
    Re: How Do I Get My Husband a Visa
    If he did not have a visa, how did he enter legally? Is he from a visa waiver country? Did he ever have an I-94 form?

    An attorney is always the better choice when the potential immigrant has a "history" and a waiver is required for legal admission to the US; your husband does have some sort of a history since even you admit he was illegally in the US. You can certainly try to do the paperwork yourself, but an attorney specializing in waivers would be a better choice and would be able to assess the chance of success far better than you yourself or a public forum.
  • 12-22-2011, 09:28 AM
    Disagreeable
    Re: How Do I Get My Husband a Visa
    Hi Mr. Petitioner. We of US Immigration would like to know how it is you claim to have never entered the US, but are presenting proof of marriage in the US.
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