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Ask Guillermo J. Senmartin, Esq. Your Own...
Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 105176
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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I'm a us citizen looking to bring my husband back home he

Customer Question

Hi I'm a us citizen looking to bring my husband back home he was in the us undocumented for twelve years before leaving voluterily almost three years ago to go see his dying father! My questions is how do I go about filing for him and how long will it take no criminal record here I. The us either
Submitted: 1 month ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello! My name is***** and I am a licensed attorney with more than 14 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help.

He will need three things for you to bring him back:

1) You must 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

a) 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.

b) 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-3 is 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 both:

and another link:

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:,0717-scott.shtm

My goal is to provide you with excellent service – if you feel you have received anything less, please reply back as I am happy to address follow-up questions and there is no additional charge. Also, should you need to chat on the phone, private email or need help reviewing documentation, I am happy to do so for a small additional cost. Let me know if you are interested in these – I am happy to give you more details! If you have no further questions (at this time) please leave a positive rating for my service. I would sincerely ***** ***** You can do that by clicking on the 3rd, 4th or 5th stars or smiley faces if you see them. If you do not see any stars or smiley faces, you may have to scroll up to the top of the page or click on my name and they should come out. Also, your session does NOT close when leaving a positive rating, so you can continue to ask additional questions without additional charge. Thank you for your understanding.

Expert:  Guillermo J. Senmartin, Esq. replied 1 month ago.

Hello Mashawn. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!

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