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Immigration Issues/I - 601 waiver and more

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Question
I am a US Citizen and my wife is from Mexico.  She came without inspection and since then we have married and have two children.  One is two years and the other 2 months,(my lil angels).  I haved already filed all the necessary paperwork with the USCIS and with the NVC and now we have been awaiting for our appointment to go to cuidad jaurez.  Our paperwork got to them in July 2006 and we are still waiting.  My wife is here in the us but she shouldn't be because i didn't know i had to file a k3 visa when i filed the I-130.  A few questions - Can i somehow change to get everything taken care of here and pay somekind of fine so i don't have to go to cuidad jaurez?  - If not do i need an I-601 waiver when we get to Cuidad Jaurez becausae she came without inspection, visa, or anything?  Will they say something because she never left the U.S. during this whole process?  i thought about saying that she has been waiting in Mexico but our daughter is 2 months old and was born here in
the US.  What do you think?  I am really worried and am praying maybe you could shed some light on this. If we do go to Jaurez and fill out an I-601 waiver how long do you think she has wait there? Thanks for your help.


Answer
She can not get it here because she came illegally. She could not have gotten a K3 while she was here and sending her home to get ir would not have made it better. Once she has her interview the officer will give her the I-601 to fill out - this is not because she came illegally. It is because she has stayed here illegally for more than a year and then left. The waiver takes about 6 months to process. If they say yes, she will then get the visa. If they say no, she will have to stay there 10 years. She has a good case with a U.S. citizen spouse and children.

Regards,

Robert

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