How can I bring my wife and 2 sons back to the United States?

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How can I bring my wife and 2 sons back to the United States?

About 4 years ago my wife (then) fiance went back to Mexico to study but shortly after found out she was pregnant. I bought her a ticket to come back but she was denied entry and her visa was taken away and she got sent back to Mexico. We got married in Mexico and filed I-130 but all that we have received was a receipt and case number. It has been 3 years and we have another baby but we haven’t filed I-130 for them. I am very confused and would really like to have my family together. I have missed alot of things with my 2 boys because we are living apart.

Asked on January 24, 2012 under Immigration Law, Indiana

Answers:

SB, Member, California / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are a US citizen and you filed a I-130 on your wife's behalf, that should have resulted in a visa for her within 9-12 months.  Are you sure you did not miss some correspondence with the instructions for her petition?  Did you change addresses by chance?  Did you follow up with the USCIS on the status of the case?  If it's been this long now, probably that petition has been deemed abandoned since it was never adjudicated.  You might have to start the process from the beginning.  You should really consult with an immigration attorney on your case.


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