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VisaJourney.com > General Family Based Immigration Topics > Waivers (I-601 and I-212) and Administrative Processes (221g)

bowflex
I was just curious how many people were told they'd have to wait for their interview before filing a waiver? I've read on here quite a few times and someone who PM'd me said that their lawyer advised them that they'd have to wait for a possible denial at the interview before filing their waiver?

My wife and I hired a lawyer for our CR-1 case and he let us know right from the start that we'd need to file the I-130 and the I-212, and I'm very glad he did, as it cut down on extra waiting time since both were being processed right from the start. I'm not sure if there are different processes if you reside in a different country, but I thought the point of hiring an attorney is to know exactly what will be needed and to do so as quickly as possible?

I'm just glad we had a great lawyer and our complicated case went by as smoothly as it possibly could (except for some major pains from the Montreal Consulate). Good luck!
kitkat1
Apparently in some situations 212 waivers can be filed prior to an interview. But generally speaking in the case of 601 waivers, the consular officer first has to determine that a waiver is necessary and then has to determine that the person is eligible to file a waiver. I don't think it's country-specific but rather waiver specific. I've never heard of someone being allowed to file a 601 waiver before an interview.
zyggy
I believe the only place where that is possible is Canada since they just send it to VSC for adjudication anyways. Anywhere else, it's adjudicated in the overseas field offices and they won't take an I-601 or I-212 until they get it from the consulate.
natashenika
I was talking to two attorneys and they said the same I shouldn't do anything untill I'm asked
So I hope I won't need it (crossing my fingers)
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