Immigration Issues/i-601 waiver and more
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.
No matter what you do she cannot receive permanent residencce while in the US. When you receive her appointment, she still must go to a US consulate office to obtain the visa.
Now, you seem to be digging a hole which can cause you some heartache. 1- A I-601 waiver can only be filed OUTSIDE if your wife is OUTSIDE the US.
2- K-3 Visa can only be filed if your wife RESIDES outside the US.
3- While in the US she can file an I-485 for adjustment of status. This will permit her to remain until her visa is available.
4- "I thought about saying she has been waiting in Mexico..." This is FRAUD, and the ramifications are serious...you go to jail, she gets deported.
If you take any advise at all with you DO NOT LIE or WITHHOLD information. I have dealt with immigrants for over thirty years and the one trump card that gets them and their US Citizen families in deep trouble, is Lying or withholding information...