I-601 while pending

[grimace 0]

Wondering if after filing the I-130 the USC has to remain a resident of that country until the interview? I'm thinking no since the USC should prepare domicile if needed. I'm fully expecting to file a I-601 when that time comes, so will get denied at the interview. Which leads me to the next question does the beneficiary have to remain in the country while the I-601 is pending? Obviously wouldn't be able to enter the US while the I-601 is pending.

[bendinlar 16]

got me on the i-601.

but as for the i-130,no, the petitioner does not need to stay. after the petition is filed, the petitioner can head right to the airport. after that, its all on the benificeary, unless there is an rfe.

[LoveMyTico 999]

do you mean you want to head over and live with the beneficiary? Isn't the point of the waiver to show hardship on why you can't go there and you need the beneficiary in the US? Wouldn't that make the hardship more difficult to prove?

[Jawaree 717]

The beneficiary stay in home country to wait for I601

decision while U prepare domicile, one of your hardships

could be that U experienced living in spouse country

then state the negatives of not being able to live there

permanently (with evidences) & Y mate has to live with

U in the US,.I say U consult with an atty on the waiver &

the hardship has to be on you not foreign spouse