should I file a 601 while waiting for my 129f approval?

[linda30 0]

I have a 129f pending approval (only a NOA1 at this point). My finacee and I have been seperated since Oct 2008 when he left the US on an expired resident status. This overstay was 7 months. He also overstayed a prior tourist visa before he got his temporary resident status (2yr)through his ex wife. He couldnt remove conditions of his resident status because he and his wife seperated within that period of time due to irreconcilable differences. We have been together since 2007 and the last 3 years I have traveled to his country every 4 months. We are really anxious to get married and have a family so we want to try anything to limit the amount of time for him to get back. Should I go ahead and file a I601 with the pending knowledge that he may get denied at his consulate or wait and see? Is this even allowed? Will the 3 years he has been gone count for anything or is he subject to 10yrs? Whats the prospect of approval look like for this kind of situation? Anyone who has had a similar story or knows, I would appreciate the info. Thanks!!

[canadian_wife 1,808]

The I129F is filed at the consulate, not before the interivew.

You may file it now, however it won't speed anything up and you'll have to submit it again at the denial at the interview.

Good luck

[Inky 1,110]

The I129F is filed at the consulate, not before the interivew.

You may file it now, however it won't speed anything up and you'll have to submit it again at the denial at the interview.

Good luck

Did you mean the 601 is filed at the consul after the interview and denial?

[canadian_wife 1,808]

Why yes Inky, I did mean the 601

sorry OP (and thank you Inky) - The 601 waiver is filed at the interview, not before.

Good luck