When to file the 601 waiver?

[Boiler 45,735]

You can certainly apply for expedites seems more common now to do so, normal process would be a year or so for the I 130 and another 6 month to a year for the I 601.

[Sassou75 9]

3 hours ago, Boiler said:

You can certainly apply for expedites seems more common now to do so, normal process would be a year or so for the I 130 and another 6 month to a year for the I 601.

Wouaou that’s a long time 😭 we will see how things going on hope the best .. thank you so much . 

[Letspaintcookies 2,310]

Is the "overstays are forgiven for spouses of US citizens" not applicable in this case? 

[Boiler 45,735]

3 minutes ago, Letspaintcookies said:

Is the "overstays are forgiven for spouses of US citizens" not applicable in this case? 

OP went home, not adjusting.

[Letspaintcookies 2,310]

1 minute ago, Boiler said:

OP went home, not adjusting.

Ok. I was just wondering if that wouldn't also work for a Visa 

[Boiler 45,735]

Bar is triggered when you depart.

[geowrian 22,337]

1 hour ago, Letspaintcookies said:

Ok. I was just wondering if that wouldn't also work for a Visa 

AOS only. The moment you depart the US, the bar kicks in.

[LA213 3]

Hi! Are you doing your gc through marriage? I always thought one of the advantages was that once you file the marriage i130 all your unlawful PRESCENCE is reinstated and you are clear of that if marrying a USC

[geowrian 22,337]

9 minutes ago, LA213 said:

Hi! Are you doing your gc through marriage? I always thought one of the advantages was that once you file the marriage i130 all your unlawful PRESCENCE is reinstated and you are clear of that if marrying a USC

Nope, that understanding is incorrect.

An I-130 does nothing about any unlawful presence for anybody. An I-130 only establishes a relationship to qualify for an immigrant visa.

Being the spouse of a USC does not stop unlawful presence from accruing, but if doing AOS, the unlawful presence is not a bar for AOS to complete. But once you leave the US, any bar due to overstay kicks in.

[LA213 3]

2 minutes ago, geowrian said:

 

Being the spouse of a USC does not stop unlawful presence from accruing, but if doing AOS, the unlawful presence is not a bar for AOS to complete. But once you leave the US, any bar due to overstay kicks in.

Ok so if doing AOS and u pass your interview to marriage to USC you will still get your gc if though u have unlawful presence?

 

but if you fail the interview and need to appeal or try again then what options do u have? I212? Do you have to stay in the USA to do these or can you leave?

[Boiler 45,735]

30 minutes ago, LA213 said:

Ok so if doing AOS and u pass your interview to marriage to USC you will still get your gc if though u have unlawful presence?

 

but if you fail the interview and need to appeal or try again then what options do u have? I212? Do you have to stay in the USA to do these or can you leave?

That would depend on why you failed the interview, not everything is waiverable.

 

[SalishSea 17,970]

On 9/8/2020 at 7:07 AM, Sassou75 said:

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 

They won't approve an expedite just because you don't feel like waiting.  Waiting is simply part of the US visa process.  We all have to do it.

[Sassou75 9]

11 hours ago, Jorgedig said:

They won't approve an expedite just because you don't feel like waiting.  Waiting is simply part of the US visa process.  We all have to do it.

I l ow that you have to prouve that there is an emergency in order to request an expedite of course you can’t do it just because you dolly want to wait ! All the immigration process is about patience ..

[Sandra G. 5,054]

On 9/8/2020 at 4:45 AM, Sassou75 said:

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. 

You will inform the U.S Consulate that you overstayed, that being said the waiver request is submitted AFTER the U.S Consulate determines you are inadmissible due to the unlawful presence bar. 

 

https://www.uscis.gov/forms/centralized-filing-and-adjudication-for-form-i-601-application-for-waiver-of-grounds-of

 

When to File a Form I-601 with a Lockbox Facility.

If you are seeking to obtain a waiver for a ground of inadmissibility, you must file with the USCIS Lockbox facility. There are certain exceptions, please see "Exceptions to Filing with a Lockbox Facility" below.

If you are outside the United States and a Department of State consular officer has already interviewed you at a U.S. Embassy or Consulate and determined that you are ineligible for an immigrant visa based on a ground of inadmissibility, the consulate will give you a refusal notice. The refusal notice indicates the ground of visa ineligibility and whether you may be eligible to apply for a waiver. If the notice indicates you are eligible to apply for a waiver, you may apply for a waiver by filing Form I-601 with the Lockbox.