Do I need an i-601A waiver?

[C202134 0]

Hi everyone,

 

I will be getting married soon to a US citizen, and am doing research on what the AOS process will be like for me, but I cannot find a clear answer on whether I'll need a 601A waiver or not.

 

I came into the US with a J2 visa at 13y/o switched to an H4 at 18y/o and was unable to switch to an F-1 at 21/yo and overstayed the H4 after I aged out of my dependents H1-B. I've been in the US ever since (over 5 years).

 

So far, I was planning on submitting the following along with the evidence:

i-485 with i-864

i-130 and i-130A

i-765

and i-693

 

Happy to provide any additional information.

 

Thanks in advance!

Edited November 21 by C202134

[C202134 0]

To add some more context, I am confused primarily because looking at the filing instructions, I meet all of the criteria listed:

1. I am still in the US

2. I am over 17

3. I will be the beneficiary of a form i-130

4. I have over a year of unlawful precense

 

However, under who is NOT eligible, number 2 states you are not eligible if you have a pending i-485, which will also apply to me.

 

Again any help is appreciated!

 

[Crazy Cat 41,983]

Overstays are forgiven for immediate relatives of US citizens during adjustment of status.  Marry and start the Adjustment of Status process.

Edited November 21 by Crazy Cat

[C202134 0]

Amazing news, thank you!