Will I need I-601A Unlawful Presence Waiver?

[Eliezer y Wendy 13]

First of course thank you all VJ supportive members.. I'm now preparing for the expenses to come in this journey.

My fiance lived in the us with valid social security number and a permission to work and study that she had to renew (and pay for) every year. She did so for about 11 years while applying for a political asylum that was denied. Her parents brought her here when she was a child, and kept on appealing for the asylum until they were allowed any more appeals.

Before her last work/study permit expired she was under supervision of the deportation enforcement department. She was told she needed to leave and was given the chance to leave on her own.

I'm trying to figure out if we will really need to pay for any unlawful presence waiver, or when would we be requested to file for it. Would the embassy let us know in the package sent to the beneficiary, or that would've been notify to me (the petitioner) before approving our I-129F?

Thanks again....

[KayDeeCee 4,893]

It does not really sound like she had any unlawful presence. She was legally present and allowed to stay while the appeals for the asylum were happening. Once it was denied, she had to leave and did, correct?

The embassy does not let you know beforehand about waivers. If you were denied a K-1 for inadmissibility, you would be told if you were eligible to file for a waiver or not.

~ Moved from K-1 Process to Waivers and Administrative Processes - topic is I-601 waiver ~

[volki 0]

i agree witg jay-kay you cant apply provisional waiver sorry i said that becaus

Edited December 17, 2013 by volki

[Eliezer y Wendy 13]

Yes she left after no more appeals were allowed. Her father was picked up from work and deported. That's when they call her to go report in person. We did go as they requested and at that time her work permit was on its last weeks. Since her dad never received his last work permit renewal and instead was picked up by immigration, we thought not to even file to renew the work permit. Immigration office also doubted it would be approved since he had the order to process deportation no matter what.

I hope this doesn't cause any delays after interview or would like to be prepared for anything.

Thanks. Any other advice or idea please feel free. I thought of maybe filing for the waiver even if we don't need it just to make sure is there paid and ready if the try to delay us for it. Sounds kind of crazy but... yeah.. I don't know...

Thanks again.....

[ShirahBet 42]

I don't know if you'll need a waiver, but the I601A is for people that are still currently in the country. The I601 is a waiver for applicants no longer in the US. Unfortunately, they will let you know at the interview what the status is and if she is eligible for waiver.