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My husband has been here illegally since 1998. In 2003 he voluntarily went back to Mexico after he was arrested for traffic violations. He came back 2-3 days later illegally. We meet in June 2003, we took care of the traffic violations and had his license reinstated. We have a daughter together born May 2004. we married in Jan. 2005. We paid a lawyer $600 to do FOIA searches. In Lees Summit, MO and D.C. all records have shown no history for any information on my husband. This Jan we filed the I-130, it was accepted(approved). My husband received the agent of choice letter. I now have two bills for the NVC, The I-864 Fee bill and Visa Fee bill $380. If I pay those bills what are the next steps. Does he have to go back to Mexico for his Visa? In July he is going to be adopting my two oldest daughters since their father has abandon them. I've also been told it would help if we have another child, so there is a baby and I can show extreme hardship. Or does the three children alone show extreme hardship? Please advise on this situation

Answer
After paying the fee bills, the NVC will send some forms to fill out and then they will forward the file to the Embassy in Mexico. It will then take about ayear to get scheduled for interview. He will need a waiver because of his prior illegal time here. The more childrne the better but there is no guarantee of approval. He is not eligible to process the case here and once he goes back and is interviewed and files for the waiver, he will have to wait for adjudication which will take 6-9 months. If he gets approved they will issue the visa. If not, he will be stuck there 10 years.

Regards,

Robert

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