Legal Question in Immigration Law in Maine

My husband entered the US as a child and returned to his country without his family when he was 19. He has been outside of the US for 3 years. We have been married for 2 1/2 years and have a child who is a US citizen. If I were to return to the US and try to get his papers processed so he can return, how long would it take? Also, would a K3 visa be an option for him? And what is the likelihood that a wavier would be approved for him if one is necessary?


Asked on 1/29/13, 11:37 am

1 Answer from Attorneys
Marlene Hemmings Marlene Hemmings, Attorney at Law

Your situation is a little more complex than can be addressed in this type of forum. Basically, you need to be in the U.S. in order to petition your spouse. You will also need a co-sponsor for the Affidavit of Support, since you have not been working in the United States. If the immigrant visa processes as quickly as the K-3, then the Dept of State will deny the K-3 & just go forward with the IV, so it depends on the processing times at the country in which your husband will be applying.

As for his illegal presence, it would have accrued from his 18th birthday until the time he left the United States. Based on the information you provided, it looks like he is facing a 10 yr bar. Waivers are tricky & not all Consulates adjudicate them as leniently (or as strictly) as others. You would need to show hardship to you & your U.S. citizen child if your husband is not allowed to immigrate. However, the fact that you have been living abroad kind of undermines that premise. You might want to consult an immigration attorney in-person on this issue.

Read more
Answered on 1/29/13, 2:18 pm


Related Questions & Answers

More Immigration Law questions and answers in Maine