Legal Question in Immigration Law in Illinois

You can file only one petition, form I-130, which will require him to go back to Mexico. If you are healthy with no kids or other extreme hardships to show, it might be very hard to obtain a visa.

When he applies for an Immigrant Visa at the US Consulate at C. Juarez, it will be denied for unlawful presence, and he can then file the hardship waiver. To have a waiver and a visa approved, YOU will have to prove an extreme hardship to yourself.

If you�d like to schedule a confidential telephone or email legal consultation, need advice or help, please let me know and I�d be glad to help you. Contact email address: Attorney [@] law-visa-usa.com or LubaSmal [@] yahoo.com . I offer legal consultations and can assist in matters of the U.S. federal immigration law to clients from all 50 States and internationally.

Note: The above response is provided for legal information purposes only and should not be considered a legal advice; it doesn�t create an attorney-client relationship. If you would like to request a follow-up confidential advice on your specific situation and regarding U.S.A. immigration-related issues, we can offer a consultation by telephone or email to clients from all States and globally. Please visit our website http://www.law-visa-usa.com/contact_us.html for more details.

It's likely you need to apply for the K-3 spouse visa and submit a I-601 waiver at the US embassy.

You may find detailed information on the process here;

http://www.msclaw.com/i-601-unlawful-presence-waiver.html