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My husband was living here with me and our son. He got here…

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My husband was living...

My husband was living here with me and our son. He got here by k-1 visa and we got married. Everything has been great and we have been in the process of starting his status change of residency. Anyway his mom was really sick back on his island and ended up passing so he left to be with her and her funeral. How can I get him back into states now? He left in a frantic rush to where we didn't realize he might not be able to come back me and our baby. Please help

Lawyer's Assistant: What is your official status? Do you have any pending applications or petitions with USCIS?

No stays yet. Nothing has been filed. We just got married

Lawyer's Assistant: Have you talked to a lawyer yet?

No, we have just been stressing on how to get him back home. I need him and the baby needs him. This stinks and is so stressful.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No just help with how I can get my husband back ASAP!

Submitted: 7 months ago.Category: Immigration Law
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Answered in 3 hours by:
9/30/2017
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago
Guillermo Senmartin
Guillermo Senmartin, Immigration Attorney
Category: Immigration Law
Satisfied Customers: 112,414
Experience: Principal Attorney at Guillermo J. Senmartin, P.A.
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Hello! My name is***** and I am a licensed attorney with more than 15 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. Also, please do NOT click on the Opt Out button because if you do, it would prevent me from communicating with you and then it could take a long time before another expert responds to you.

Please give me a few minutes to review your question and I will be right with you with an answer. Sorry for any delay. I may have to do some research and at the same time I read and type fast, but not that fast! Thank you for your patience.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Sorry for the delay. I just ask that if it is bad news that you not shoot the messenger. Shooting the messenger is either leaving a negative rating (usually reserved for rude or unprofessional experts) or not leaving a positive rating at all.

Unfortunately, it probably is not going to be good news. Did you file anything for him while he was here? What did you file for him? When did you file it?

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Customer reply replied 7 months ago
Oh no, I really hope there is a way to get him back to us. He's the love of my life and we have a 9 month old baby together. We can't handle being apart like this. Really is there nothing? He has only been gone 5 days. Anyway, No, we did not file anything yet as we had just got married and were saving money to pay for our lawyer to help start the change of status process.
Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

That's a shame. He needed to stay at least until an Advance Parole was approved. Now you have two choices since you are married:

1) The K-3 spouse visa takes around 9 months, you must be married. The I-129F and also an I-130 are what are used to start the process. Then after he enters the U.S., he must still file the I-485 and wait for the marriage interview about 5 to 7 months later.

2) The CR-1 visa (or IR-1 if your marriage is more than 2 years old) takes also around 9 months (making the K-3 almost obsolete). You must be married. The I-130 is the form that is needed to start this process. 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 might be a little faster but generally more expensive. The CR-1 (and IR-1) might be a little slower, but generally cheaper. And no, there is no middle-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 those visas:

http://travel.state.gov/content/visas/en/immigrate/family/fiance.html

and another link:

http://www.uscis.gov/sites/default/files/USCIS/Resources/Resources%20for%20Congress/Congressional%20Reports/I-129F%20Petition%20for%20Alien%20Fiance%28e%29.pdf

I know you do not want to wait. I know it is very inconvenient. I know you want to be together sooner rather than later, but I have this same conversation two or three times per day on this website. No one ever likes it and believe me, if there was an easier or faster way, I would tell you. I know you will probably say, “but what about this...?” or “but what about that...?” But I will most likely continue to have bad news for you. I am truly sorry. The problem is that the U.S. concerns over security and fraud in this area are more important than a 6 to 9 months inconvenience to you. The way they see it is that if it truly is a real relationship, it will survive that length of time apart. Again, I am truly sorry. I wish I had a faster and easier way to tell you about.

About the only thing I can offer is that you can try to get the process expedited. Here are a couple of links:

http://www.uscis.gov/forms/expedite-criteria

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume1-PartA-Chapter12.html

And finally, if there is some legitimate urgency, not just that you want to be together sooner rather than later, you could also try for a Humanitarian Parole:

https://www.uscis.gov/humanitarian/humanitarian-or-significant-public-benefit-parole-individuals-outside-united-states

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.

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Immigration Lawyer: Guillermo Senmartin, Immigration Attorney replied 7 months ago

Hello. 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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