I-601

[daisylrodriguez 0]

I have an approved I-130 for my husband who came to the US undocumented from Mexico 11 years ago, no criminal records. Our process is now at the NVC. We would like to know if any one here has any advice or past experience in regards to the I-601? Who notifies us if we need to summit an I-601? I am really nervous to have the interview abroad and not being approved or having to have my husband stay abroad for not having an I-601? I have done a lot of research regarding I-601 but still unclear, also I will be contacting a lawyer, but until that happens any suggestions or past experience are welcome. Thank you in advance

[newacct 688]

They will only notify him to go abroad to interview an do consular processing, but, it's by leaving the US that he triggers a 10-year unlawful presence ban.

He can only qualify for a waiver for the unlawful presence ban if he can show "extreme hardship" to his spouse or parent who is an LPR or USC. Does he have such a spouse or parent?

If he qualifies to apply for a waiver for the unlawful presence ban, and he has no other potential bans, then he should apply for a provisional waiver by filing I-601A before leaving the US, so he would know the result before he leaves the US.

[EM_Vandaveer 2,408]

~ Moved from "IR-1/CR-1 Visa Process and Procedures" to "Waivers and AP" ~

[daisylrodriguez 0]

Diamond Member

Thank you for your reply.

Yes, I am his spouse, I was reading the instructions on the I-601 and where to file. I noticed we don't qualify in any of those categories to mail in the i-601. thats why I became more nervous and curious then what I already was. I am preparing a I-601. The lawyer we are going to won't be until another week or so. I will definitely ask the lawyer to have the I-601 submitted before we leave to his interview.

[EM_Vandaveer 2,408]

Assuming there are no other possible bans only unlawful entry & unlawful presence, you should definitely do the I-601A provisional waiver. This can be filed while your husband is still in the US (I am assuming you are a USC) and if approved, he can go to Mexico for his medical and IV interview.

Please FORGET the I-601 for now. It cannot be filed with your husband still in the US.

Figure out if he qualifies for I-601A first.

Only think about the I-601 if he can't do the I-601A.

Edited August 15, 2016 by EM_Vandaveer

[aleful 1,905]

hi

as said, why would you wait so long apart, if he qualifies for the i601A, then it's way better to do the waiver first and go to his interview with the waiver approved than to do the i601 after he is denied the visa at the interview

he does qualify for both of the waivers, he has a 10 year ban due to illegal presence

[daisylrodriguez 0]

Thank you everyone for your quick suggestions.

I see I actually need a I-601A for him not an I-601 ?. That makes it more clear. Thank you all again. Will be back if I have more questions once I read instructions for the I-601A

[daisylrodriguez 0]

Does any one know the processing time for i-601a's or where I can find such info?

[aleful 1,905]

hi

once you've paid the fees at the nvc stage, you send the form, plus proof of payment, plus the hardship letter done by you to the lockbox indicated on the instructions

[EM_Vandaveer 2,408]

About 8-10 months for the I-601A adjudication.

[daisylrodriguez 0]

Wow 8-10 months more my goodness ?. Hoping its worth the wait.

[EM_Vandaveer 2,408]

Definitely use a lawyer. Waivers are not just a form to fill out and not really a DIY thing. Your chances of approval are better if you use a lawyer.

[LionessDeon 2,060]

You can go to immigrate2us.net for more info on waivers.

[mrskvelasco 30]

Even though you are at the NVC stage, it's never too early to start putting together your arguments for the waiver and evidence. Good luck!

[Brazil2USA2016 7]

check out the I601A Facebook Group. 20,000+ members, all who are doing the I601A process. An excellent resource.

https://www.facebook.com/groups/1384365091808264/?ref=bookmarks