Filing I-601, anyone know the process?

[mark99 1]

I-130 approved, Medical failed. Now we are in a 8 month cycle for medicine and retesting.

There is a section in the I-601 for active TB, so it's possible to get a medical waiver.

I called the US Embassy and unfortunately the person didn't know the process.

Question 1:

What comes first?: File the I-601 waiver -or- go to the IR1 interview with no medical, then file the I-601 at their direction

Question 2:

The I-601 can take up to 8 months to process, in which case our medical will already be accomplished. Therefore a request to expedite adjudication will have to be granted in a timely fashion or this will all be meaningless. Does one file for expedited adjudication BEFORE filing the actual I-601??

From the US E. Website:

Expeditious Adjudication of Form I-601

A request to expedite adjudication must be made in writing and delivered to the USCIS Field Office Director. The applicant must provide evidence of the extraordinary and compelling circumstance. If the request to expedite the adjudication of an I-601 waiver is approved, the USCIS office will notify the applicant within 15 days of receipt of the request. If no response is received with 15 days, the applicant must presume the request for the expeditious adjudication has been denied. Please be aware that approval to expedite adjudication of an I-601 waiver application does not guarantee approval of the I-601 waiver application, but only that consideration and adjudication of the I-601 waiver application will be expeditiously handled.

Has anyone filed this kind of paperwork before???

Thanks,

Mark

[Penguin_ie 5,993]

**** Moving from CR-1 to I-601 Waiver forum ****

[calibob 73]

I-130 approved, Medical failed. Now we are in a 8 month cycle for medicine and retesting.

There is a section in the I-601 for active TB, so it's possible to get a medical waiver.

I called the US Embassy and unfortunately the person didn't know the process.

Question 1:

What comes first?: File the I-601 waiver -or- go to the IR1 interview with no medical, then file the I-601 at their direction

Answer 1: Go to the interview and that's where you get the paperwork stating you need a 601. Not sure how they'll treat Active TB, they're sticklers on it. My wife is going through a second sputum culture because of a scar from childhood pneumonia. She was negative on the first culture and her medical was 8 months old, 2 months expired and they're making us wait 2 months due to the same blemish on her lung.

Question 2:

The I-601 can take up to 8 months to process, in which case our medical will already be accomplished. Therefore a request to expedite adjudication will have to be granted in a timely fashion or this will all be meaningless. Does one file for expedited adjudication BEFORE filing the actual I-601??

Answer 2. You file the expedite request when you turn in the 601 waiver. We got an expedite passed due to my (USC's) health condition. Sad but they don't give a squat about the Beneficiary's concerns or well being. They'll answer you in about 15 business days if you got it, otherwise they'll be like a black hole and you'll hear nothing.

From the US E. Website:

Expeditious Adjudication of Form I-601

A request to expedite adjudication must be made in writing and delivered to the USCIS Field Office Director. The applicant must provide evidence of the extraordinary and compelling circumstance. If the request to expedite the adjudication of an I-601 waiver is approved, the USCIS office will notify the applicant within 15 days of receipt of the request. If no response is received with 15 days, the applicant must presume the request for the expeditious adjudication has been denied. Please be aware that approval to expedite adjudication of an I-601 waiver application does not guarantee approval of the I-601 waiver application, but only that consideration and adjudication of the I-601 waiver application will be expeditiously handled.

Has anyone filed this kind of paperwork before???

Thanks,

Mark

I'm not sure if you can do it but best of luck. Not meaning to dampen your spirits but I've not heard of an active TB patient allowed to enter the US.

Bob