we are having a hard time living here in mexico and we are expecting another child. we are consindering in filing status here in mexico first but it is the time frame that we worry about. what about a spouse petition they say that it takes about 4 months to grant? But how true is that? He has no criminal brackground but he only has deportation on his record. with no conviction or jail time! he has a very well stable paying job when we return and his boss is willing to help with a eb waiver. and to return to the states also as his sponser. What are his chances for all of us to stay together as a family and for him to be granted legal or permant residancey.
The green card process would involve two stages:
1.) I-130 filing with CIS Service Center
2.) Immigrant Visa Process (IVP) through U.S. Consualte in Mexico
The entire process can take approximately 10 months.
The I-130 form is the petition for a foreign national relative. The U.S. citizen files this form with U.S. Citizenship and Immigration Services (USCIS) to establish the immediate relative relationship to the foreign national relative who wishes to immigrate to the United States. The U.S. citizen must file a separate I-130 form for each eligible relative. For example, if a U.S. citizen wishes to petition for his foreign national spouse and foreign national step-child, a separate I-130 must be filed for both the spouse and step-child.
After the I-130 is filed and approved, an immigrant visa fee bill will be generated from the National Visa Center (NVC). Once paid, correspondence from the NVC will arrive requesting specific information and documentation in order to schedule the immigrant visa appointment at the U.S. Consulate.
The NVC has a significant role in the next steps of the immigrant visa process by providing instructions to petitioners, sponsors, and visa applicants throughout the documentation gathering; reviewing required Affidavit of Support forms from sponsors to ensure compliance; and receiving fees, application forms, and other required documents from visa applicants.
You should consult with an experienced immigration attorney who can provide a case plan of actions, timelines etc.
Andrew M. Wilson, Esq.
Serotte Reich Wilson, LLP
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