my wife's i-130 got approved and just paid the ds-1200 visa 2 weeks ago, about to send the i-864z form to show income, but i rather not go to Rio for the interview because of the risk of not being able to bring her back, she came through mexico when she was 12 and I assume the waiver for that worked because the i-130 was approved but I want to do the interview in the USA, any waivers or forms i can fill out since im a Disable US Army war veteran that has diabeties and would have issues being away from my doctors
Talk to an immigration lawyer. If she didn't enter the US legally (no matter how young she was) she can not have an in-country greencard interview.
www.capriotti.com -- email@example.com -- Senior Legal Counsel -- Capriotti International Law -- Legal disclaimer: This answer is offered for informational purposes only. It does not constitute an attorney-client relationship. Contact the American Immigration Lawyers Association www.aila.org for a referral to an experienced immigration attorney.
Talk to a competent immigration attorney in your district because your wife might be eligible for parole-in-place, which, if granted, will allow her to obtain her green card in the U.S. An experienced immigration attorney in your district is in a better position to know the specific local rules and procedures for parole-in-place available to military spouses.
(310) 207-4529. The information provided above is not, nor is it intended to be, legal advice. It is provided solely for the purpose of educating the public at large and is not intended to provide solutions to any individual problems. You are strongly encouraged to consult with an attorney before relying on any information so that the attorney can thoroughly review the facts applicable to your specific situation.
The approval of the I-130 does not indicate that a waiver is not necessary. An approved I-130 only indicates that the relative relationship exists that makes your wife eligible for an immigrant visa.
She will only be allowed to adjust in the U.S. if she is not found inadmissible. To determine whether she is you need to consult with an experienced immigration attorney.
You do not have to go to the interview Rio but yo do need to provide the consulate with all documents requested.
I strongly suggest you work with an experienced immigration attorney.