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Active duty Soldier married to a non-document spouse

Discussion in 'Serving military and military families' started by tristesamortal, Jun 25, 2009.

  1. tristesamortal

    tristesamortal Junior Member

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    I am a Active Duty Soldier stationed in the US ( will deploy next week to afghanistan) . I was married may 2009 to my wife who is undocumented, but we have been together for almost 2 years. she is pregnant and we have a 10 month old baby
    I'm a US citizen. I was told by USCIS that she had to leave the country and then file the I-130 form. they told us that she had to wait or stay in mexico for 10 year.

    we are very confuse and dont know if we should file now or after my deployment, but i think the sonner the better.
     
  2. citi786

    citi786 Senior Member

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    Re: Active duty Soldier married to a non-document spouse

    File away my friend. If she has undocumented status over one year, she will be banned for 10 years. Hopefully CIR passes and you guys will be fine!
     
  3. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Active duty Soldier married to a non-document spouse

    You may file the I-130 now. Once it is approved, you need to deal with the issue of your wife being subject to the ten year bar because she entered without inspection and remained for more than a year. Under the circumstances, getting a waiver will not be that difficult, but it is a long, involved process. Get the I-130 on file now. Have your wife discuss the waiver with someone who does a lot of waivers, such as Catholic Charities.
     
  4. tristesamortal

    tristesamortal Junior Member

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    Re: Active duty Soldier married to a non-document spouse

    your answer was a lot of help for us.
    one more thing, at what point do we file the waiver?
     
  5. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Active duty Soldier married to a non-document spouse

    You would file for the waiver at the end of the process.
     
  6. tristesamortal

    tristesamortal Junior Member

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    Re: Active duty Soldier married to a non-document spouse

    Hello, Mr. Gotcher

    It has being almost 2 years sense i first wrote to you and i now have a few questions to ask.

    08/02/2010 i-130 approved
    AOS invoice date 08/11/2010

    we didn't pay the visa, because we were not sure about my wife going to "Ciudad Juarez" she was and still scared is about going there. plus the The US Army had and still has this big propaganda about Not visiting Mexico and it specifically talks about Juarez. i know we only had a year for the visa and the affidavit of support, so what does it mean for us now?? do we have to reapply? also, i have heard about this "military dream act bill" they are trying to pass.. is it something worth waiting for?? i will be redeploying by the end of this year and her status is something that worries me a lot. I'm in station at Fort. Drum, NY and we have tried to seek help with the weiver, but no luck. is that something i could work on my own??
     
  7. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Active duty Soldier married to a non-document spouse

    I think you mean the visa fee bill, not "AOS invoice". There is a huge difference. Unless and until you pay it and put things in motion, nothing is going to happen on your wife's case. About a month ago, the USCIS changed their policy and they are now processing I-601 waivers for people in the U.S. so that they can get a decision before they leave for an interview in Mexico.
     
  8. tristesamortal

    tristesamortal Junior Member

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    Re: Active duty Soldier married to a non-document spouse

    yes, you are right, it's the fee bill. thank you so much again!!
     
  9. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Active duty Soldier married to a non-document spouse

    Get going on it ASAP. The longer you wait, the longer she will have to wait.
     
  10. tristesamortal

    tristesamortal Junior Member

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    Re: Active duty Soldier married to a non-document spouse

    yes, i will. one last thing, if I may? can the waiver be file before the visa bill is paid?? or can both be done at the same time??

    thank you for taking the time to answer all my questions!!
     
  11. Ron Gotcher

    Ron Gotcher Attorney at Law

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    Re: Active duty Soldier married to a non-document spouse

    The better practice is to pay the fee bill and then file the waiver.
     

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