Immigration Issues/Help, we were married during my husbands deportation
My husband was removed on a formal order of absyntia after being in the country illegally for more then a year, when a court had already asked him to leave. While he was in detention, we were married. I am a US citizen, he is Nicaraguan. Now I want to file the I-130 for him, with the I-601 waiver, but I was told I would need to wait two years to file anything because we were married while he was in detention. Is there anything I can do? He had not court date or anything in detention, he was just waiting for them to send him home. Please, if there is anything you know of. Thank you so much.
You can fiel the I-130 now. The I-601 can not be filed until after he is interviewd at the US embassy which may take about a year or so. He also needs a I-212 for the fact he was ordered deported. The I-212 should be filed after the I-130 is approved. Your husband will not be coming abck for at least 2 years even assuming the I-601 gets approved. But the longer you wait to get the I-130 and I-212 approved, the longer it will be.