Just wanting some advice

[babyx21e]

My husband and I were just married Dec. of 2007 in Mexico. He is a citizen there and Im from US. He left for Mexico 2 years ago for a family emergency and was not a US citizen. When he left I tried for the fiance visa but lawyer told me it would have been denied, that is why I choose to marry in Mexico. Im just wanting advice on what would be the fastest process on him coming back into the US with me.

[PraetorianXI]

How exactly did he enter the USA in the first place? when? for how long was he here?

[babyx21e]

How exactly did he enter the USA in the first place? when? for how long was he here?

He came into the United States when he was around 7-8 yrs old. Im wondeing if him being under age when he came here will help in anyway.

[PraetorianXI]

how old was he when he left the US?

[babyx21e]

how old was he when he left the US?

He left the US in July of 2006

[PraetorianXI]

did he use a visa to enter when he came? or just crossed the border illegally? how did he return to mexico? was he over 18th when he returned to mexico? did immigration ever caught him?

these questions will help me give you guidance.

[babyx21e]

did he use a visa to enter when he came? or just crossed the border illegally? how did he return to mexico? was he over 18th when he returned to mexico? did immigration ever caught him?

these questions will help me give you guidance.

He did not enter with visa when he was little. When he returned to mexico he flew there and immigration said nothing. He was 23 when he returned to mexico and we were married on Dec.19

[PraetorianXI]

Since USCIS never notified him of being out of status, I think he has not accrued any illegal presence, so 3-10 year bars are no in effect.

However... I would double check with a qualified immigration attorney for this.

Filing for either a K-3 visa or an Immigrant Visa, is the way to go.

[babyx21e]

So I spoke to my lawyer and she wants us to file a I-601 Waiver form.....is anyone familiar with it?? any advice??

[PraetorianXI]

So I spoke to my lawyer and she wants us to file a I-601 Waiver form.....is anyone familiar with it?? any advice??

I am somewhat familiar and they are NOT easy to get approved... the most common way is to show HARDSHIP to you to the USC... but since you are newly weds, no children and you have no huge disease plus all your family here... I find it even harder that you will obtain it... you can try... but like I said K-3 is the safe way to go.