i-601A form needed?

[LibertyBears 22]

Hi 

 

I am preparing to send off my AOS packet and noticed the i-601A form.

I arrived in US in March, we married in July and my ESTA 90 day visitation allowance ran out a week after that.

I have since been in US and have not left, meaning that I have been here overstaying my ESTA. 

I understand that overstay is forgiven for immediate relatives such as spouses.

 

But would I need i-601A waiver along with my i-485 packet?

 

I searched up multiple forums and can't seem to find a clear answer. 😕 

 

 

[Chancy 6,243]

6 hours ago, LibertyBears said:

But would I need i-601A waiver along with my i-485 packet?

 

No need.  You are filing I-485 and you are not applying for a visa from the Department of State.

 

From the instructions for the I-601A form -- https://www.uscis.gov/sites/default/files/document/forms/i-601ainstr.pdf

 

"If you submit your Form I-601A with any of the following forms, your application will be REJECTED and returned to you with the filing fee and biometric services fee:
1. Application to Register Permanent Residence or Adjust Status (Form I-485)

[...]

A provisional unlawful presence waiver is only effective if the applicant departs the United States, attends the immigrant visa interview scheduled by DOS at a U.S. Embassy or U.S. Consulate abroad, and the consular officer finds that the applicant is eligible for the immigrant visa."

 

When in doubt, check the official USCIS form instructions ☺️

 

Edited August 18, 2021 by Chancy