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My husband just got his I-601 approved. What’s next? Will he get his visa and come home?

Atlanta, GA |

My husband came to the United States illegally. We got married 3 years ago. I wanted to do the right thing, so I applied for an I-130 and it was approved, but there were also many papers that I had to file.

After everything was finished, he had to go to his country (Guatemala) for the interview for his visa. Since he came illegally, they told him that he would have to file an I-601 for hardship and, if it was approved, he would have to pay a fee of $565.

It has been 9 months since we have heard anything until, on 3/20/2010, I got a letter from his country stating that the form was approved. But I don't know what’s next. Will he get his visa? I am a United States citizen. How long will he have to continue to stay in his country before he gets to come back to the United States and be with me?

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Attorney answers 2


That's unclear. You may need an experienced immigration lawyer to intervene at this point, since an oversight can take place and the file may be misplaced. An experienced immigration attorney should know where to do an inquiry.


The most difficult part is now behind you. My suggestion is for you to contact the US Consulate in Guatemala where he applied for his visa and ask about the procedures and timing now that his waiver from USCIS is approved. It is usually quite simple - he may have to get a new medical exam and have his fingerprints checked again, but then he will go pick up his passport (or have it mailed to him) with the immigrant visa in it! Congrats!