Immigration Law Questions? Ask an Immigration Lawyer.
He entered illegally both times. He is from Mexico. I have all of this information in my question. He 29 when he entered the first time and deported 2 weeks ago at age 35
Please what is the answer? How long will we be apart?
He will need three things for you to bring him back:
1) You must file for him either as a K-1 fiancé using form I-129F, or if you marry him outside of the U.S., you can file for him as a K-3 spouse by filing an I-129F and I-130, or if you go there and marry, you can apply for him through the CR-1 process which only requires a form I-130. All those forms can be found at http://www.uscis.gov/forms.
a) The K-1 fiancé visa takes 6 to 9 months, but you must have met before during the last two years in order to process it. The I-129F will cost $340 plus a $350 fee for the visa processing fee. After he enters the U.S., then you have to marry and then he has to pay $1070 for the I-485 and he will have to wait about 5 to 7 months and then get another interview that you attend with him so that he can get Residency.
b) The K-3 spouse visa takes 6 to 9 months, you must be married. The I-129F will cost $340 plus $420 for the I-130, and $350 for the visa processing fee. Then after he enters the U.S., he must still file the I-485 for $1070 and wait for the marriage interview about 5 to 7 months later.
c) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes about 1 year or so. You must be married. The fees are $420 for the I-130, $330 for the visa processing fee, $88 for an Affidavit of Support fee. But once he enters the U.S., he enters as a Resident and he does not have to file (or pay for) an I-485 nor does he have to attend an additional interview. He just gets his green card in the mail a few weeks later.
So the K-1 and K-3 are faster but generally more expensive. The CR-1 (and IR-1) are slower, but generally cheaper. And no, there is no "middle of the road" visa that he can use to enter the U.S. while that process is pending. He will most likely have to wait outside.
Here is a link to all three:
2) He will need an I-601 waiver to forgive the time he spent illegally in the U.S. To get this waiver he will have to prove that his spouse will suffer extreme hardship if he is not allowed back in to the U.S. These waivers are very difficult to get. The reason they are difficult to get is because the hardship probably will need to be more than just economic hardship or emotional separation hardship. You can look at this link to get more information on I-601 waivers. It is from the U.S. Embassy in Syria, but it is a good description and the process should be similar in all U.S. Embassies.
and here is another link:
Here is a link to what extreme hardship is:
3) He will need an I-212 special permission to apply for admission to the U.S. after deportation. He can only apply for this after he has been outside for at least one year. Here is a link to that:
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Let me see if I understand, he will have to stay in Mexico for 6 to 9 months. If approved we pay the money and he can return to the US and we can marry. Then we have to wait 5 to 7 months for for an interview together. If he is not approved will we have to pay the money anyway?
If we can't prove extreme hardship he can't return
If he has to stay outside for more than a year how will we have the interview together?
so we will have to way 1 yr or more to marry or can he return after 6-9 months if approved and then we can marry
How can I find out if he has been barred for re-entry. He told me that Immigration didn't tell him anything. They told him to sign some papers and he was in Mexico the next day. He did not go to court
he says they did not give him any papers. They kept his Mexican ID and papers and gave him his wallet and $45 that was inside.
I am so worried about him, because he told me some guys beat him up and robbed him last night. His entire family is in the US. I need to get him back here, but legally. What if he is killed before everything is complete!
After I file a K-1fiancé form I-129F for him and wait 6-9 months to see if it is approved can he return to the US?
If he does have a deportation or removal, then he is required by law to wait at least 1 year outside of the U.S. before he can be granted the waiver to come back. If he is in danger, then perhaps he should move to another safer part of Mexico. I am truly sorry about the situation. I wish I had a better solution for you.
I have another question. I would like to find out if my fiancé has been barred from the US before I pay all the fees for the K-1 fiancé visa. Since he is without money or an address in Mexico can I complete the form for him?
He has no address in Mexico. Can an attorney request his records? Can I get in trouble for helping him legally return to the states? Why does t his have to be so difficult!!!
Hello, It's me again. My fiance doesn't have an alien number or any other number for identification. What now?! How can he complete the G-639?!?!?!
I'm sad because he is a very hard working man that was in this country making a honest living. Yes, he was here illegally, but so are thousands of drug dealers, rapist, and murders. I understand the law ans what happens when people are caught being here illegal.
I think it's just that my depression and anxiety have really been on high levels since he left. I have been refusing to go into the hospital, because I'm scared I will miss his call or something terrible will happen to him. I'm sure it's hard for you to understand how I feel. I went from being in my house for months at a time without even going out to check my mail to being able to go to a store with some I trust.
Thank you so much for all the information you have given me and for the hard job you have. I truly look up to you for serving in such a challenging area of the law. Thank you again.
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