Help on I 601 WAIVER

[Duraksha123 0]

Hello

I am new to this stuff.

WE APPLIED FOR DEFERRED ACTION FOR CHILDHOOD ARRIVALS AND according to TSC STILL UNDER review.

I filed

Form I130, IMMIGRANT PETITION FOR my husband

in Feb 2013

Its APPROVED ON DECEMBER 16TH 2013.

NOW I HAVE TO FILE WAIVER I601 for my husband

what should i do ?

[rylforever 18]

Hi, Are you asking if you need to file a waiver? Or are you asking how to prepare a waiver for filing? If you need to prepare a waiver to file, start gathering your hardship evidence to file it along with the 601 or 601a form. the 601's can take a while to prepare and they are taking around 6-8 months for approval, the 601a's are less time to process..

[belinda63 3,052]

So your spouse entered the country and overstayed. You haven't been approved for the deferred action and as a backup you filed the I-130. Is all this correct?

If you are asking if you should continue pursuing the I-130 or wait for approval for deferred action I would say pursue the I-130 as that will give him, if granted, full legal status in the US. Deferred action is just that, any consequences of overstaying are deferred not forgiven (at least not as it is now).

You will need help with the I-601. You will have to prove 1. you (not him, US doesn't care about his hardship) will suffer extreme hardship if he is not permitted to immigrate to the US. and 2. you cannot go live with him in his country of citizenship.

[Duraksha123 0]

thank you replying

RYLFOREVER Yes I am asking how to prepare for Waiver?

I am gathering all the information i can

BELINDA i do need help for I601

what is a main topic that help to approve Extreme Hardership?

[Jawaree 718]

I 601 is for ppl outside the US being petitioned for, or will have to depart the

US for counsular interview....its not just a form to be filled out...so its best to

consult with a waiver atty.

The CO at the embassy will deny visa and issue a 221G if the beneficiary is

qualified to apply for a waiver( they make the decision & it stands) after that

the I 601 is prepared with evidences of major hardships , medical, emotional,

financial ,safety concerns in regards to the USC, also a brief by the atty. outlining

arguments, its not something to do yourself, however some attys do free consults.

One cannot apply for waivers until after embassy interviews

Please note: I601 waivers are a different thing from !601A PW...OP one is in-country

the other must be outside of the US

Edited January 28, 2014 by Jawaree

[Duraksha123 0]

i 130 is approved

now i am preparing for filing waiver for my husband

We living together

after they receive waiver and if they approve waiver my husband has to leave us and go to his country get visa.

I am worried what should i do.

I haven't submitted waiver yet

i am preparing evidence right now.

if someone has approved case please let me know.

thanks

[annjadora 2]

You have to get a lawyer to do it and send to lockbox

[ShirahBet 42]

You don't HAVE to get a lawyer to file, but at the very least, you should consult with a lawyer. It's not a simple process and if your research and writing skills are not very strong, definitely get help with that.

The process is doable, just a gigantic pain.