children

With the help of an experience, you will need to complete two forms (I-130 and I-601) and submit them to the U.S. Citizenship and Immigration Services (USCIS) along with required accompanying documents specified by the forms.  The filing fees amount to $1005.00.

You can begin the visa process by filing a visa petition on  (Petition for Alien Relative).   The form only has two pages and the filing fee is $420.00.

The I-130 visa petition requires you to submit supporting documents and payment along with the form. You are not finished with the visa petition until you have gathered:

§  Proof of your U.S. citizen status such as a birth certificate, passport, certificate of naturalization or Form FS-20 indicated birth abroad of a U.S. citizen

§  Proof that you are legally married.  This proof should include at a minimum a copy of your marriage certificate, most likely from a government source.  If you or your spouse has been previously married, you must include proof that a copy of a death, divorce or annulment certificate to indicate termination of the marriage.

§  Completed forms G-325-A, Biographic Information completed by you and your husband.

§  A passport-style photo of each of you on your respective Forms G-325-A.

§  The fee for an I-130 visa petition which is currently $420.00

You case is even more complicated because waiver must also be filed because of your husband’s criminal record.  This form is anything but simple.  The form itself has nine pages and is accompanied by children.   The filing fee for this waiver is $585.00.

In order to obtain a waiver, the I-601 application must show that you (as a USA citizen or permanent resident) would suffer extreme hardship if your husband is denied entry.  However, the law does not provide a definition of the term “extreme hardship”; therefore, this leaves the decision to grant or not grant the waiver up to the adjudicators who review the evidence you submit.

Insufficient evidence of extreme hardship is one of the most common reasons that U.S. immigration authorities deny an I-601 waiver application.

You will mail these forms (with accompanying documents and fee) to U.S. Citizenship and Immigration Services (USCIS).  As with any immigration legal process, completing these immigration forms can be less stressful with the assistance of an experienced, trusted immigration attorney from today for a private consultation about your immigration situation.