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  1. #1
    Join Date
    Jul 2018
    Posts
    2

    Default What Will Happen to a Marriage-Based I-130 After Voluntary Departure

    Hello,
    So here is what happened..

    My husband is a Brazilian citizen and was here illegally in the US for over 10 years when we met. We were married in Aug 2016 and applied for i 130 in Jan 2017.

    WE were about 1 week prior to marriage interview when he was arrested (for a DUI) and taken into custody by ICE when he went to court. We eventually got the charges dropped down to reckless driving (to avoid deportation) but he was denied bail by the IJ, and stayed in jail for months. this is where it goes wrong- The lawyer told me NOT to go to the interview without my husband, he was going to ask the judge for bail and postpone the interview, But the letter he wrote to immigration arrived After the scheduled meeting so they said that we abandoned the application. It all was sorted out a few days later, and i was given another interview date. I went to the interview without my husband as he was still in jail.

    Long store short, we thought they were working on the I-130 while he was in jail, but they weren't.. He eventually went back to court, where he decided to withdraw the asylum application and return to his home country and wait there for our I-130 to get approved (by then he had been in jail for over 5 months). He went back to Brazil in Jan of 2018 and i was called back for a second interview with immigration in late March. The second interview went smooth, just a few questions and i had already been to Brazil to visit him in that time and we were still working together as he owns a business here in the US, so i figured all was fien and he would get approved and i could start the process of waivers and things to bring him back. But, i havent heard a word from immigration since.

    When i call to check on the progress, im told that they are still trying to decide and the computer always asys "reconsidering an earlier decision" and it has been 4 months since the second interview, and i cant do anything while the case is pending (waiver - wise) so im just stuck waiting. the supervisor said that there are no derogatory remarks and they are just behind in the work, but i am worried.


    My questions are:
    1. Is it normal to have 2 interviews like that? was it because i went alone?
    2. Will i ever get a decision on this case? When they take a long time is that a bad thing?
    i tried to get him a visitor visa, but they denied it and told us to wait for the I-130.. it just feels like everything is contigent on that because he has a 10 year ban from overstaying. i want him to come home, and i just wanted to ask advise.
    thanks

  2. #2
    Join Date
    Dec 2007
    Posts
    227

    Default Re: Pending I130- Voluntary Departure and Waivers

    Why do you not have an attorney?

  3. #3
    Join Date
    Jul 2018
    Posts
    2

    Default Re: Pending I130- Voluntary Departure and Waivers

    i have an attorney. He went with me to both interviews and to all of the court dates, but he just said that they are backed up and to wait.. Not very helpful. Maybe i need a new attorney? i will probably request someone else when it comes time for his reentry waivers because i dont want anything to go wrong after all this.

  4. #4
    Join Date
    Dec 2007
    Posts
    227

    Default Re: Pending I130- Voluntary Departure and Waivers

    If you do not like your attorney, get a new one. If you have an attorney, a forum is not the best place for your questions.

  5. #5
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,826

    Default Re: What Will Happen to a Marriage-Based I-130 After Voluntary Departure

    Quote Quoting sandra02861
    View Post
    Is it normal to have 2 interviews like that? was it because i went alone?
    Most cases can be decided without a second interview, but it's not uncommon.
    Quote Quoting sandra02861
    2. Will i ever get a decision on this case? When they take a long time is that a bad thing?
    You will eventually get a decision. When a case takes longer to decide than the average it's usually because something about the case is complicated; delay is not inherently good or bad.
    Quote Quoting sandra02861
    i tried to get him a visitor visa, but they denied it and told us to wait for the I-130.
    As your husband is attempting to immigrate to the U.S., and a tourist visa is only available to people who do not have intent to immigrate, it is not surprising that the visa application was denied.
    Quote Quoting sandra02861
    it just feels like everything is contigent on that because he has a 10 year ban from overstaying.
    The period of ineligibility and need for a waiver are significant factors.

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