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  • I-130 and spouse

    hi. i just recently became us citizen. i want to petition for my future wife. she is here in the US and has been for the last 10 years or so. no prior petitions have been submitted for her before.

    one immigration consultant said we have to get married in Mexico, she stays in Mexico and i would have to come back to the states and petition for her. the process would take about 6 months. another immigration consultant said we could get married here in the states and begin the petition here. she would eventually have to leave the states for 6 months to 1 year, or so.

    does anyone have any information on this?? and if so, how would i get the ball rolling. from what little i know, the i-130 is the starting point??? thank you so much.

  • #2
    You can get married in the U.S. itself.

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    • #3
      appreciate the response.

      two of the situations explianed apply to my situation. one says that if one has stayed illegally for more than 6 months there is the possibility that a person can qualify to submit a waiver based on a "qualifying relationship to USC" (ina212(a)(9)(B)(v) or ina2212(i).

      the other option, below that one, says that if stayed illegally for 6 months or more, to accompany application with a request for a waiver of your illegal stay.

      are these then basically saying the same thing or do each one pertain to a certain situation different from each other??

      my future wife has been here since before april 1997. i mention that because that date is repeated over and over on the conditions. i just wonder if it would make any difference if an illegal immigrant has been in US since before in applying for legal status. again, thank you for your responses.

      btw; i was in active military for 3 years. 1993-1996. don't know if that would make any difference. just thought i'd mention it.
      Last edited by fhorta; 05-17-2010, 09:17 PM.

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