I-130 with 601 Waver

[Freakindj 0]

First off this is a pretty sensitive subject as most of us here on this forum followed the rules, did every thing perfect and as prescribed by law, AND still sat on pins and needles awaiting the long months to be reunited with our loved ones hoping for some Gawd Forsaken Reason nothing goes wrong.

OK - he was brought here by his parents at age 16. Well above the age of reason but by this country's standard still a minor

your interpreting it wrong, and this isn't always the case. if a person wrote on the i130 that he or she was going to adjust status and isn't, and the approved i130 gets sent to a local office, the petitioner will need to send the i824 to transfer the case to the NVC. NVC is the national visa center, and it only deals with cases that are going to the country of origin of the beneficiary, so that they go through consular processing

bottom line, transfer the i130 to the NVC so they can have the interview in their country. that's what the i824 is for.

Once the paperwork is transferred to the NVC they have to request the NVC hold the I-130/I-601 package to await the I-824 to be processed

Edited December 1, 2013 by Freakindj

[canadian_wife 1,822]

He was brought here how? On a tourist visa? Illegally?

Good luck

[Freakindj 0]

Swam the Rio Grand / walked through the desert for 3 days. Been looking over his shoulder ever since.

Pretty hard to get a marriage license without a driver's license in California too

[aleful 1,905]

First off this is a pretty sensitive subject as most of us here on this forum followed the rules, did every thing perfect and as prescribed by law, AND still sat on pins and needles awaiting the long months to be reunited with our loved ones hoping for some Gawd Forsaken Reason nothing goes wrong.

OK - he was brought here by his parents at age 16. Well above the age of reason but by this country's standard still a minor

your interpreting it wrong, and this isn't always the case. if a person wrote on the i130 that he or she was going to adjust status and isn't, and the approved i130 gets sent to a local office, the petitioner will need to send the i824 to transfer the case to the NVC. NVC is the national visa center, and it only deals with cases that are going to the country of origin of the beneficiary, so that they go through consular processing

bottom line, transfer the i130 to the NVC so they can have the interview in their country. that's what the i824 is for.

Once the paperwork is transferred to the NVC they have to request the NVC hold the I-130/I-601 package to await the I-824 to be processed

that's not what happens. the i824 is only used if the visa center doesn't automatically send the approved i130 to the NVC, usually it is automatically sent within 30 days of approval

in second place the i601 is the waiver after the interview in their country of origin, he won't be filing the i601 but as the spouse of a USC he will be filing the in country waiver i601A before the interview and after the i130 is approved and the paperwork begins at the NVC stage. he will even get an email from the nvc stating that he is eligible to file for that waiver and if they are interested in pursuing it to let them know

if you read the timelines of others that have petitioned spouses, no one has had to send the i824, it is used in rare occasions where the visa center that the i130 was approved didn't directly send it to the NVC

[Freakindj 0]

_{in second place the i601 is the waiver after the interview in their country of origin, he won't be filing the i601 but as the spouse of a USC he will be filing the in country waiver i601A before the interview and after the i130 is approved and the paperwork begins at the NVC stage. he will even get an email from the nvc stating that he is eligible to file for that waiver and if they are interested in pursuing it to let them know}

_{That's not my understanding}

_{There are "New Rules" governing the use of 601 wavers for cases such as this which allow the waver to be granted BEFORE the interview.}

Edited December 1, 2013 by Freakindj

[aleful 1,905]

that's the new i601A waiver the i601 is only for the country of origin and you are wrong, nobody needs the i824 unless the case hasn't been transferred have you ever looked at the form? download it and check it out.

he cannot adjust status here, he will go through consular processing. now if he wants to leave and do the waiver in his country, that's his prerogative, but he can choose to file the i601A in country before leaving and having to leave for his interview in his country once the waiver is approved or he can go with the normal way of going to his country, having his interview, being denied and then presenting the 601 waiver and the hardship letter

[Freakindj 0]

Therefore, beginning in March, illegal immigrants whose only problem is their status in the country at the time they filed their I-130/I-485 package are elligible for expidited, in situe processing of their I-601. The new form allowing this is called an I-601A. The immigrant does not have to leave the country until the waiver is approved -- and then he/she travels to his/her home country, retrieves the I-130/I-601A visa and returns home the next day. No (or minimal) delay!

That's what I read too - then I found this

The first step in the immigration process for everyone is for the U.S. citizen petitioner (sponsor) to mail a visa petition to USCIS on Form I-130. (See the articles on the "Family Sponsors Petitioning for Immigrants" page of Nolo's website for instructions on filling out and submitting Form I-130.)

(The new procedures also allows immediate relatives of U.S. citizens who are self-petitioning under VAWA using Form I-360 to apply for a provisional waiver -- but in most cases, the law allows them to adjust status and get their green card without leaving the U.S., so they don't really need this new procedure.)

If you haven't already submitted that form, be sure to indicate in Question 22 to Form I-130 that the immigrant will apply for an immigrant visa abroad at a U.S. consulate abroad rather than adjusting status in the U.S.). (If the immigrant were allowed to adjust status in the U.S., you wouldn't have to bother with the provisional waiver in the first place.) By filling Question 22 out this way, USCIS will, upon approving the I-130, transfer the file to the National Visa Center (NVC) for further action and transfer to the consulate. If you say on the I-130 that the immigrant will apply for adjustment of status in the U.S., you will have to take extra steps to have the file transferred to the NVC. This includes filing a Form I-824 and paying a filing fee, then waiting many months for action on your request.

Only after your I-130 has been approved can you file your Provisional Waiver Application (on USCIS Form I-601A, available as a free download from the agency's website). You cannot submit the visa petition at the same time as (“concurrently” with) the waiver application.

In addition, you will need to notify the National Visa Center (NVC) of your plans, after paying your immigrant visa processing fee. This is the agency that handles your case after USCIS approves the I-130. Contact it via email at NVCi601a@state.gov.

By doing this, the NVC will make sure to schedule your immigrant visa interview only after USCIS has made a decision on your provisional stateside waiver application. Failing to notify NVC could result in your case being scheduled for interview at a U.S. embassy or consulate abroad before you are ready.

If NVC hsas already scheduled your visa appointment before you have a chance to contact it, you must notify the consulate at which your appointment is scheduled to let it know you’ll be applying for the provisional waiver and to ask that your interview be postponed until you get back in touch to say that USCIS has made a decision on your application.

http://www.nolo.com/legal-encyclopedia/how-apply-provisional-waiver-three-ten-year-time-bar.html

So am I reading that wrong

[aleful 1,905]

hi

again, that is in case uscis doen't transfer automatically the approved i130. those indications are general. if for some reason uscis transfers the case to a local office instead of sending it directly to the NVC and months pass, he can call the nvc and check if the case has been sent after 30 days, if time passes and nvc still hasn't received it, then the i824 is used

uscis sends free of charge the approved i130 to NVC, but in some cases they screw things up. on the i130 he will have to put where will he be having the interview. he has to put city and country where he will be having it, so I really doubt that his case will be transferred to a local office or need the i824

he's not going to adjust status in the us, so he will put the city and country of origin where he will be going through consular processing.

[Freakindj 0]

he's not going to adjust status in the us, so he will put the city and country of origin where he will be going through consular processing.

Try re-reading it once again I don't think your understanding what the author is plainly stating

Actually I really am looking for experienced opinions concerning the use of these waivers. The I-601A looks pretty straight forward in its intended use. But the author of the above procedure looks to be depending on possible loopholes in the system. Loopholes that may or may not depend on the whim of a consular officer

[Sandra G. 5,047]

freakindj if your friend is married to a U.S Citize( he can file I-601A provisional waiver) after approval of form I-130 . Once I-601A,once is approved he must leave the Country to attend the interview in his home Country.If he is not married to a U.S.Citizen he cannot file the provisional waiver.

Edited December 1, 2013 by sandranj

[Freakindj 0]

And his is why I ask

Turns out only the 1 website I linked is pimping the idea the immigrant does not have to go abroad to claim their visa, AND the USCIS website clearly states they have to claim their approved visa in their home country.

[NigeriaorBust 4,087]

The US does not give out visas to the US from within the US . The website that claims anything else probably has a shady lawyer with a high fee and poor results . If USCIS says they must leave then they must leave they are the ones that make the rules

[rylforever 18]

If he wants to adjust here he needs to do an i130 and then a provisional waiver i601a if he plans to adjust status in his country he needs to leave then his petitioner whether it be fiancé or spouse needs to petition for him with an i601 waiver when it is the appropriate time. The other site immigrate2us has a lot on both waivers depending on how and where he wants to adjust.

[Boiler 45,516]

he's not going to adjust status in the us, so he will put the city and country of origin where he will be going through consular processing.

Try re-reading it once again I don't think your understanding what the author is plainly stating

Actually I really am looking for experienced opinions concerning the use of these waivers. The I-601A looks pretty straight forward in its intended use. But the author of the above procedure looks to be depending on possible loopholes in the system. Loopholes that may or may not depend on the whim of a consular officer

You could say that I 601A is a giant loophole. You can file a waiver and if as most are it is granted then you can proceed to your Consulate interview in relative safety. If you fail then you can try again at no major cost.

Obviously nothing happens unless they get married, he needs a qualifying relative to file for him.

A waiver for a simple illegal entry is not that hard to get, it is more than a letter.

The Nolo quote is a bit confusingly worded, some situations do allow in country adjustment, not applicable to those who entered without inspection.

[HoussemAnna 20]

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