Can I go wait in my country while the I-130 is pending

[Eve & Sisco 21]

Also if you click on the Final Rule Link it reads:

SUMMARY: This final rule, consistent with the Immigration and Nationality Act (INA), expands the class of individuals who may be eligible for a provisional waiver of certain grounds of inadmissibility based on the accrual of unlawful presence in the United States. The provisional unlawful presence waiver (‘‘provisional waiver’’) process allows certain individuals who are present in the United States to request from U.S. Citizenship and Immigration Services (USCIS) a provisional waiver of these grounds of inadmissibility before departing the United States for consular processing of their immigrant visas— rather than applying for a waiver abroad after their immigrant visa interviews using the Form I–601, Waiver of Grounds of Inadmissibility (‘‘Form I– 601 waiver process’’). The provisional waiver process is designed to encourage unlawfully present individuals to leave the United States, attend their immigrant visa interviews, and return to the United States legally to reunite with their U.S. citizen or lawful permanent resident (LPR) family members. Having an approved provisional waiver helps facilitate immigrant visa issuance at DOS, streamlines both the waiver and the immigrant visa processes, and reduces the time that applicants are separated from their U.S. citizen or LPR family members, thus promoting family unity. The rule is intended to encourage eligible individuals to complete the immigrant visa process abroad, promote family unity, and improve administrative efficiency. DATES: This final rule is effective August 29, 2016.

[Roel 7,193]

If you stayed in he USA all that time then you didn't need a waiver for unlawful presence. Ban for unlawful presence doesn't trigger until he person leaves US ergo person who's in the US without leaving doesn't need a waiver. 

 

It's a common knowledge green card holder spouses aren't forgiven when it comes to illegal presence and AOS.  

 

@geowrian am I really mistaken here? 

[Eve & Sisco 21]

36 minutes ago, Roel said:

If you stayed in he USA all that time then you didn't need a waiver for unlawful presence. Ban for unlawful presence doesn't trigger until he person leaves US ergo person who's in the US without leaving doesn't need a waiver. 

 

It's a common knowledge green card holder spouses aren't forgiven when it comes to illegal presence and AOS.  

 

@geowrian am I really mistaken here? 

Please look up the difference between I-601 & I-601A & you'll see what am talking about.

 

https://www.uscis.gov/i-601a

 

Edited August 2, 2018 by Eve & Sisco
Did not attach link

[geowrian 22,338]

41 minutes ago, Roel said:

If you stayed in he USA all that time then you didn't need a waiver for unlawful presence. Ban for unlawful presence doesn't trigger until he person leaves US ergo person who's in the US without leaving doesn't need a waiver. 

 

It's a common knowledge green card holder spouses aren't forgiven when it comes to illegal presence and AOS.  

 

@geowrian am I really mistaken here? 

An I-601A can be filed to provisionally waive the unlawful presence bar that will occur upon exit from the US. It has no impact on AOS....unlawful presence is not ignored as the spouse of an LPR for AOS purposes. It is ignored as the spouse of a USC (or any other immediate relative category of visas).

 

I believe the issue is you 2 are referring to different processes (each being correct for the process being described). For AOS, unlawful presence is not ignored as the spouse of an LPR. For consular processing, an I-601A can be filed if the spouse is inside the US already, which will waive the bar they will incur upon exit.

Edited August 2, 2018 by geowrian

[Roel 7,193]

I was talking about AOS and illegal presence which @Eve & Sisco kept insisting can be waived for green card holders spouses..

 

Thanks for clarifying. 

[Eve & Sisco 21]

8 minutes ago, geowrian said:

An I-601A can be filed to provisionally waive the unlawful presence bar that will occur upon exit from the US. It has no impact on AOS....unlawful presence is not ignored as the spouse of an LPR for AOS purposes. It is ignored as the spouse of a USC (or any other immediate relative category of visas).

 

I believe the issue is you 2 are referring to different processes (each being correct for the process being described). For AOS, unlawful presence is not ignored as the spouse of an LPR. For consular processing, an I-601A can be filed if the spouse is inside the US already, which will waive the bar they will incur upon exit.

Thanks for the info!