my boyfriend is a mexican and he got picked up in jan. from ins, we got married in feb, and we filed I130 pet?

Question

My husband now had a voluntary departure and is now back in Mexico and I was just wondering if anybody was in this situation and how long it took for him to be able to come back into the usa?

He is now back in mexico on a court ordered voluntary departure. He has a passport with visas stamped in it and he has evidence and a original copy of our marriage license. He has to go to the embassy monday and prove that he left the us when he was suppose to. We are in love and doing every thing legally. does anyone know how long it will be before he can enter the usa and things can get back to normal. We are a very happy family and i have 3 children from a previous relationship and he is a great guy to be their daddy, No messed up answers please, this is very important to me and very serious. thank you.

I never said my husband was deported and he has the upmost respect for me and our family. He is not using me to come back here, we got married in Feb and as a matter of fact he left volutarily. Cant you people read. We want to do this legally because we love each other.
Another thing.... does anyone here actually know what mexico is like? You probably dont. If you did you wouldnt be saying half the nonsense you are saying.

No, in Jan. he could have signed a paper and been deported back to mexico. Since we was already planning to get married before he got picked up they gave him a choice to stay and voluntarily leave. So therefore he decided to stay. He got out on bond and had a court date. Before his court date we got married, not the kind of wedding i wanted but we didnt have enough time. He went to court and then was ordered to leave in 4 months. Now its a waiting game and all i want to know is how long is it gonna take for my husband to come back. We have to do a waiver because he was here illegally and we have to prove this is a bona fide marriage, and we have enough proof. Yes and we do have a lawyer. NO MORE MEAN ANSWERS PLEASE.

Answer 1

Hopefully never. You guys knew what you were doing. And, if you're actually married to him, why do you refer to him as your "boyfriend"?

Answer 2

Oh... I am sorry that this had to happen. I went through a similar situation, so I understand... I petitioned my husband from the Philippines... where the wait to enter the US is as long or longer than Mexico.

If he were in the states, even though his petition would take time, he would have an EAD or Employment Authorization Document... Kind of like a SS, but only for employment. The number does later become his SS# IF he gets a green card, which would take if you're very lucky 2 years. (It took us 4 years from filing of petition to citizenship, without lawyers, I did all the paperwork myself)

But since he is already IN Mexico, you didn't say if he's allowed back... but probably not. That means he would be thrown into the waiting lists. Each year US has a certain number of immigrants allowed per country. Priority A is husband/wife, and children... Priority B is immediate family, mother/father, Priority C is Siblings, Grandparents, etc. There is a back log of petitions, I think for Mexico Priority A petitions filed 5-7 years ago are being filled, you can check on the INS website.. which is now called homeland security... But they will let you know what year they are currently filing.

That is why IF he can come to the US, it's better he comes, b/c at least you can be together, he can work to help with your children... At least it's only to Mexico, If he were deported back to another country by plane, he would have NO way to re-enter the country, b/c they would NOT let him enter the US at the airports...

If you've filed the petition to change status, along with both you and your husbands historys, and affadavits are all in line, you will get an EAD guaranteed in 90 days...

Hope this helps... but my husband was never illegally here.. so I guess it might be a little different for you... But I have heard similar instances of your case happening...

Answer 3

are you planning to marry? If he left voluntarily he will NOT have to wait what would otherwise be 10 years. I am not familiar with the I130, if it means that he will come as a fiance or husband. If its as a husband, it can take about a year for the initial interview, then 6 mos more til the final one. Good Luck, I hope it is sppedy for you. When in Ciudad Juarez, dont buy any pictures or papers from people that talk to you on the street. The consulate will tell you what you need, and you should get pictures somewhere beforehand. Also plan that the last interview will take all day. We were in the consulate for 5 hours before our name got called and then a couple hours after. We were in a room with about 200 people and we got to talking to them, alot of them had sad stories about how their kids or spouses were already in America.

Answer 4

Yes, Make sure that the actual paperwork you have does actually say he voluntary departed. If not then you are looking at 5 years till he can come back.
If this is the case and it is 5 years then there are other ways for him to return but just a pain with the paperwork.
I paid for my own ticket and when I looked at the paperwork found that they tricked me and meant I was deported for 5 years.
If he really does have a voluntary departure then go to the embassy or consulate and apply for the correct visa there for him to return. Not sure of the visa # for mexican nationals.
Never trust the INS they will twist every word you say to their advantage

Answer 5

I understand that this is a Legit question and I am sorry for all the stupid answers that you are receiving from people that are extremely ignorant, I am not Mexican, but I can give you an idea, when I was living in Chicago last year, one of my co-workers was Mexican but she was also an American citizen she married a Mexican guy who was here illegally and just as your husband he had to go back to Mexico, it took 8-10 months for him to be back in US as a Green card holder, every case is different, but I hope yours work for good, (make sure that he did not marry you only for a Green Card tho) Good luck.

Answer 6

This could be tough. My friend is married to a guy from mex.,and they have a 3yr old daughter. He went back on his own will, to try to do things legally. When he went to Juarez for the interview, they told him he could not come back for 10 yrs. It could be a whole different situation though. If you want to know more, IM me, and I'll explain the whole situation. There's no need to keep getting bashed by ignorance. Im me pleez

Answer 7

He married you after he got deported!!!! That should tell you something, he's using you to get back into the states. You should just move to mexico! P.s he musta done something really bad to get deported they usually dont deport illegals like unless they done something really bad. He was probally hitting you or something??? Oh yeah AKIRAS MOMMY, I DIDNT COME FROM ANYWHEER , JUST BECAUSE MY ANCESTORS DID DOESNT MEAN I DID I WAS ACTUALLY BORN HERE, YOU MEXICANS ARE USING THAT AS A DEFENSE FOR BREAKING OUR LAWS.

Answer 8

This is a question best answered by your attorney because s/he knows all the particular details. With that said, when your husband comes back depends on many different factors:

1. It does sound like he was given voluntary departure, as you mention he was given 120 days to depart. He should keep evidence and be ready to show that evidence to the Consular officer at the time of his immigrant visa interview, that he did indeed depart the U.S. on or before his voluntary departure date.

2. If he was illegally in the U.S. for anywhere from 6 months to a year prior to his departure date, then he is barred from returning to the U.S. for 3 years. If he was in the U.S. illegally for one year or more prior to his departure date, he is barred from returning for 10 years.

3. These 3 or 10 year bars can be waived by the filing of a waiver. The waiver is filed on a Form I-601 and is granted if your husband can show proof that you as the US citizen, and any children you and he have together (biologically), will suffer extreme hardship if he is NOT granted the immigrant visa.

4. The types of hardships that are considered are economic, medical, mental, emotional, physical.

5. I understand you have children from a previous relationship. Any hardship to them is NOT directly counted because -- unless he has adopted them - they are not technically his children. However, the hardship you may suffer from either (a) having to travel back and forth from the US to Mexico for the next 10 years, or (b) by having to leave them to join your husband in Mexico; or (b) taking them with you to Mexico to live with him, can be considered as HARDSHIP to you.

If, for example, your children's father (your ex) would not allow your children to livein or visit Mexico, then obviously it would be a hardship to you to have to choose between your husband and them either on a long-term basis (by moving to Mexico), or short-term by making trips to Mexico, without your other children.

Of course, if anyone suffers from some sort of illness or chronic condition (asthma, ADHD, speech problems, diabetes, etc.) things that seemingly with health care in the US are manageable, would be unmanageable in Mexico with no health insurance/coverage.

Also, if one of your children were exceptionally gifted and getting stable and good educational opportunities in the U.S., obviously relocating to Mexico would interrupt and perhaps permanently negatively affect their progress.

Further, if neither you or your children know Spanish, that will prove to be very difficult for you and them to adjust.

Also, if you have a good job, where you have been getting promotions, or in line for promotions; or you are getting a degree in a chosen profession, relocating to Mexico, would prohibit you from continuing down this positive path.

These are just a few ideas for you. Your attorney should be or should have put together a good package for your waiver. I would include pictures of you and your husband and family together, it adds a sympathetic visual factor than just cold hard paper. You should have submitted an affidavit detailing all the hardships you would face if your husband were prohibited from re-joining you in the U.S. Also affidavits from family, neighbors, co-workers who know the two of you as a couple and can attest to his good character, loving way with you and your kids, go a long way.

At the immigrant visa interview, if the consular officer decides a waiver is needed, s/he will request your husband submit one. Once the waiver form and all accompanying supporting documents (affidavits, evidence of hardship, photographs, etc.) are submitted, the waiver is considered not at that time, but away from the interview. It normally takes from 6 months to 1 year to get an answer back about whether the waiver was approved. If it is approved, the applicant (your husband) gets notified and then returns to the Consulate to get his immigrant visa.

If it is denied, he can reapply for an immigrant visa (due to his marriage to you) in either 3 years or 10 years (depending on how long he was illegally in the U.S. prior to departing the U.S.).

I hear that the US Consulate in Cd Juarez (which is where ALL immigrant visa cases are processed) are being fairly generous with granting the waivers.

Best of luck to you! Whatever you do, DO NOT HAVE HIM RE-ENTER THE US ILLEGALLY. Re-entering the US after being unlawfully present subjects him to a PERMANENT BAR. This means, if he re-enters the US, is caught either at the border or anywhere within the US, and then leaves again (either being deported or voluntarily) he can NEVER get this waived and will NEVER get a visa. (There are legal arguments against the law being interpreted in such a harsh way, but currently the US consulates in all places are applying this).

Answer 9

I think it usually takes two years, I'm not certain though. Where are you located I have a # for someone who could answer your questions at no cost. email me if you would like it.

What the hell is wrong with people dont listen to ruckus or whatever his name is, every one except native americans came from somewhere else. Who the hell do people think they are to judge who you chose to marry! Hope everything works out for you and your husband.

Answer 10

You might have to go down to the border patrol and show them proof that you are a United States citizen, and show them that you are married to this man. Since you married him, he should now be a US citizen. That is how I thought it worked.

Answer 11

yeah divorce him cause he probally has some one in mexico and find a white man cause to many peole allready screwed up the race deal move on you will find better there is plenty of good american men