When to file the 601 waiver?

[Sassou75 9]

Hi everyone hope you are all good despite all this world mess situation .. we plan to get married and file the i130 petition. I know in advance that iam not admissible (I overstayed me esta for 7 month and get back to my country) I always read that we have to go till the interview and be find inadmissible in order to file the waiver. But I saw an an fb waiver group that some dir file the i-130 and the the 601 waiver at the same time to save time as it is a long process. And also find the same information on different website and also the contrary. Iam lost ☹️If someone can give me some information or if you have been through this process can you help me !! Thanks a lot I know this community is very helpful. 

[Boiler 45,735]

My guess is that they were referring to I 601A not I 601.

[Sassou75 9]

@Boilerthey said it was a 601 waiver and after what I read online that it is possible it makes me doubt that’s why maybe someone did it and can Explain 

[Boiler 45,735]

No circumstance I know of, let us know what situations are being mentioned.

[Sassou75 9]

@Boiler this is the link they don’t mention spéciale circumstances but you can read it  maybe tell me what you understand ! Thank you . https://www.nolo.com/legal-encyclopedia/how-prepare-form-i-601-request-waiver-inadmissibility.html

[Boiler 45,735]

No idea, perhaps something really odd? Best to contact the author. Why would you not mention the circumstances you had in mind?

[Sassou75 9]

I also read that it confirm what I have read the 601 waiver can be file at the same time with the i-130. They talk about ciudad juarez file office and I don’t know if it the same all waivers from overseas.      https://www.dhs.gov/uscis-processing-waivers-inadmissibility

[Boiler 45,735]

USCIS Response

In October 2011, USCIS stated that it was considering this recommendation.

Status as of November 2011

USCIS is continuing to explore the proposal to adjudicate I-601 waivers prior to an applicant's consular interview.

[Sassou75 9]

2 minutes ago, Boiler said:

No idea, perhaps something really odd? Best to contact the author. Why would you not mention the circumstances you had in mind?

 

6 minutes ago, Boiler said:

USCIS Response

In October 2011, USCIS stated that it was considering this recommendation.

Status as of November 2011

USCIS is continuing to explore the proposal to adjudicate I-601 waivers prior to an applicant's consular interview.

Ok so till now nothing change.. thanks just something I find an immigration attorney in Paris, he is American and he is used with waivers and all those things. I will shredule an appointment and share here on a post some information if it can help some ! 

[Boiler 45,735]

Well the Waiver is more focussed on the USC's hardships, not that difficult, some DIY some prefer to use a Lawyer. There are Lawyers in the US who specialise in waivers. A simple overstay should not be a big deal.

Thinking about it when did you leave?

[Sassou75 9]

38 minutes ago, Boiler said:

Well the Waiver is more focussed on the USC's hardships, not that difficult, some DIY some prefer to use a Lawyer. There are Lawyers in the US who specialise in waivers. A simple overstay should not be a big deal.

Thinking about it when did you leave?

I know it is not a big deal but iam afraid of not being approved .. I prefer to do it with a lawyer to maximize my chances. But the process seem to be so long , the waiting time for the waiver and the hole sois Al visa process .. honestly I didn’t think about it I had problems with my pregnancy I had to stay in the us I gave birth there. I overstayed my esta for 7 month.. my fiancé proposed me to marry and adjust status I was ok but then felt so sad that I left my family this way and maybe wait for month to go back to France and I felt lost alone there difficult to adjust when you came from an other country and when you did dit think about staying there so I decided to go back . And to be honest I regret coz now we are separate my son don’t see his father and I put myself in a. Difficult situation with my overstay and with all what happen now with COVID 19 the road seem so long de nd I don’t know when we can see each other .. but it is life sometimes you take some decision to quick and ne don’t think about consequences. 

[Boiler 45,735]

I was just thinking with a 3 year bar and maybe you have been out for a while by the time you interview you may not need a I 601.

[Sassou75 9]

46 minutes ago, Boiler said:

I was just thinking with a 3 year bar and maybe you have been out for a while by the time you interview you may not need a I 601.

It s gonna be 1 year on February 2021 and wait 2 other year it will be so long that’s why we want to fix this problem before 

[Boiler 45,735]

OK so sounds like the waiver would be something you want to do assuming processing does not slow down a lot.

 

Nothing against using a Lawyer, would use one who does these as a main part of their business.

[Sassou75 9]

51 minutes ago, Boiler said:

OK so sounds like the waiver would be something you want to do assuming processing does not slow down a lot.

 

Nothing against using a Lawyer, would use one who does these as a main part of their business.

Yes ai gonna work with an attorney in immigration he used to work on waiver main part of his work . If  you have an idea for the processing time for the waiver to be approved, I have seen here and on some fb groups that for some it can be fast about 4/5 month and other for a year iam wondering why ? If we had enough good reason can we expedite the waiver ? how long does it takes then ? Could we both expedite the i-130 and the waiver ? Thank you so much 

Edited September 8, 2020 by Sassou75