Legal Question in Immigration Law in Texas

Re: how long does it take

You can file for a K-3 or CR1 before he heads back to his country. He can stay in the U.S. (without any protections, mind you) until a few days before his interview. Then he needs to leave the U.S. and attend his interview. For Mexico there will be a second date where his 601 waiver will be handed in but provided he has no criminal record eh should be approved same day. The key is that there are no guarantees between how long it will take between the first date and the second date. Right now it's usually 2 months or so, but some people are getting lucky and it's only a week. If your husband is not from Mexico the timeline will be longer, 6 months to a year or so during which he must remain outside of the country. Please let me know if I can be of any furher assistance on this matter.

Re: how long does it take

It could be a few weeks to several months at Ciudad Juarez, assuming your husband is from Mexico.

Re: how long does it take

It appears from your question that your husband is from Mexico. Since he came into the United States without authority (But if he entered the U.S. properly at a Port of entry, even without a visa, he may be considered to have been inspected and could possibly adjust status without leaving the U.S. , see info on Matter of Areguillin and Matter of Orellana de Bardenat http://immigrationflowchart.com (a free service) at end141). If he did not enter U.S. with permission, then because husband has been in U.S. for over a year, when he returns, he will be subject to 10 year penalty but he could overcome on Form I-601 that establishes your hardship if you had to live in Mexico with husband or live in U.S. without husband. NOTE: If after 1997, husband left the U.S. and later returned again without permission then husband could be barred for 10 years from reentering the U.S. and there is no waiver. So VERY important to contact immigration attorney about that. Mexico has a pilot program where the I-601 could be adjudicated in a week or so, and if approved, then husband would come back to U.S. immediately. Glen