How can I reschedule my spouse's interview

[GC556t 0]

We have been called for Immigrant visa interview and I wanted to reschedule my wife's interview to later date so we can get GC first and then she will accompany after a bit as she will need a waiver. Is it possible to do that in portal to reschedule hers first where I can go to interview first and I can reschedule hers for later on? Portal says the date has not passed and will be able to do it afterwards. is this true? Should she just not go to the interview and we can reschedule the interview afterwards. Appreciate any guidance on how we can reschedule hers for later date and remaining family on the date that consulate gave us. Thanks

[appleblossom 3,668]

  On 4/2/2025 at 2:43 PM, GC556t said:

We have been called for Immigrant visa interview and I wanted to reschedule my wife's interview to later date so we can get GC first and then she will accompany after a bit as she will need a waiver. Is it possible to do that in portal to reschedule hers first where I can go to interview first and I can reschedule hers for later on? Portal says the date has not passed and will be able to do it afterwards. is this true? Should she just not go to the interview and we can reschedule the interview afterwards. Appreciate any guidance on how we can reschedule hers for later date and remaining family on the date that consulate gave us. Thanks

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What kind of waiver? She may have to go to the interview first before being recommended for the waiver anyway. 

 

Can you fill in your timeline please? It would be super helpful, thanks. 

[appleblossom 3,668]

  On 4/2/2025 at 2:43 PM, GC556t said:

and then she will accompany after a bit as she will need a waiver.

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Also, as you say ‘after a bit’, just checking that you’re aware of the processing times for waivers? It’s not a quick process usually. https://egov.uscis.gov/processing-times/

[GC556t 0]

yeah she need to have a waiver filed like 601 for 212 6ci in past which they will not give until spouse is GC so only option. We are planning to go first myself and kids and then once we get GC she can file for waiver after interview, at least that is the plan right now.

[appleblossom 3,668]

  On 4/2/2025 at 8:03 PM, GC556t said:

yeah she need to have a waiver filed like 601 for 212 6ci in past which they will not give until spouse is GC so only option. We are planning to go first myself and kids and then once we get GC she can file for waiver after interview, at least that is the plan right now.

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Do you have a lawyer? 

[jan22 3,094]

  On 4/2/2025 at 8:03 PM, GC556t said:

yeah she need to have a waiver filed like 601 for 212 6ci in past which they will not give until spouse is GC so only option. We are planning to go first myself and kids and then once we get GC she can file for waiver after interview, at least that is the plan right now.

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She should go to interview with the family as scheduled.  Unless she is the principal applicant, the visas for the rest of the family can be issued and she can start the waiver process.

[GC556t 0]

Thanks for the suggestions, very useful. Yeah she is not the main applicant. I am the main applicant. Any idea if consulate need to suggest her 601 waiver or they just reject and person can schedule interview again and also drop the waiver? We are talking to a lawyer tomorrow to check.

[appleblossom 3,668]

  On 4/3/2025 at 9:05 PM, GC556t said:

Thanks for the suggestions, very useful. Yeah she is not the main applicant. I am the main applicant. Any idea if consulate need to suggest her 601 waiver or they just reject and person can schedule interview again and also drop the waiver? We are talking to a lawyer tomorrow to check.

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What do you mean ‘drop the waiver’? 

 

Presumably your employer has an immigration lawyer that’s done all of this for you and is aware of her inadmissibility? Is that who you’re speaking to tomorrow? I would make sure you get really good legal advice on this, I’m just not seeing how you’ll prove ‘extreme hardship’ when you are choosing to leave your wife behind in Canada because she’s inadmissible. So you’ll need an excellent lawyer to build a case with a chance. 

[GC556t 0]

Great advice and thought.

 

My company lawyer is aware of it but they didn’t want to deal with it since its additional expense so I am hiring outside counsel for her. This lawyer can become representative for her using G28. Previous consultation with another lawyer suggested this approach to have her visa scheduled few months after as 601 waiver can only be given to family members of GC or citizens hence that approach. But I understand the perspective that consulate may say you willingly left her. Something I will discuss with lawyer tomorrow if she should attend interview with us or afterwards and how to go with 601 waiver just due to GC or Citizen clause for I-601 that applied.

  On 4/3/2025 at 10:08 PM, GC556t said:

Great advice and thought. Drop the waiver means drop the packet at consulate.

 

My company lawyer is aware of it but they didn’t want to deal with it since its additional expense so I am hiring outside counsel for her. This lawyer can become representative for her using G28. Previous consultation with another lawyer suggested this approach to have her visa scheduled few months after as 601 waiver can only be given to family members of GC or citizens hence that approach. But I understand the perspective that consulate may say you willingly left her. Something I will discuss with lawyer tomorrow if she should attend interview with us or afterwards and how to go with 601 waiver just due to GC or Citizen clause for I-601 that applied.

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[appleblossom 3,668]

  On 4/3/2025 at 10:08 PM, GC556t said:

Great advice and thought.

 

My company lawyer is aware of it but they didn’t want to deal with it since its additional expense so I am hiring outside counsel for her. This lawyer can become representative for her using G28. Previous consultation with another lawyer suggested this approach to have her visa scheduled few months after as 601 waiver can only be given to family members of GC or citizens hence that approach. But I understand the perspective that consulate may say you willingly left her. Something I will discuss with lawyer tomorrow if she should attend interview with us or afterwards and how to go with 601 waiver just due to GC or Citizen clause for I-601 that applied.

 

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No, you can’t drop the waiver application at the consulate. It must be mailed to Phoenix as per this page - https://www.uscis.gov/i-601-addresses Your lawyer will sort it for you though. 

 

You’re mentioning ‘a few months’, but did you check the link above about processing times? Currently showing nearly 3 years.