Hello all,

I need some guidance on how to submit an I-601 waiver petition to the Guatemalan Embassy before the visa interview has been scheduled. I know that many attorneys do the fee-in-amend-later strategy and it cuts some of the wait time. I anticipate the visa interview will be in September or October, so there is no way they will actually review the waiver before the visa. I am definitely sure that we will be asked for the waiver because my fiance EWI. We have all our hardship evidence ready and my hardship letter, the only thing that would need to be amended later is the denial letter from the visa interview.

Please tell me how I can do this!! Thanks so much!!

You cannot submit a 601 waiver prior to an interview. The applicants needs to first be determined to be ineligible and therefore require a waiver as well as be determined to be eligible for a waiver. You don't submit a denial letter from the interview -- the denial code is written in on the actual 601 waiver form after the denial.

http://www.visacentral.net/I601Memo.pdf

An I-601 cannot be filed abroad prior to the immigrant visa or K visa interview. For consular filings, the interview is the earliest date the I-601 can be filed.