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Pray&Hope

Filing 130 & 601 waiver

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Filed: Country: Guyana
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Hey everyone. I was hoping for some advice. I have an appointment to meet with an attorney on march 2nd, but I need answers now. 

 

Would it be a good idea to file a 130 petition for my soon to be husband asap under the new administration? We're getting married next week Feb 21. Been together for 11 yes. Please someone, please help me.

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Filed: AOS (apr) Country: Philippines
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Don't know why it wouldn't be a good idea.. not much else can do.

 

With the 601 waiver I assume he has either a ban on him now? Or he entered illegally/undocumented and you are trying to get a waiver to let him adjust through you.

08/15/2014 : Met Online

06/30/2016 : I-129F Packet Sent

11/08/2016 : Interview - APPROVED!

11/23/2016 : POE - Dallas, Texas

From sending of I-129F petiton to POE - 146 days.

 

02/03/2017 - Married 

02/24/2017 - AOS packet sent

06/01/2017 - EAD/AP Combo Card Received in mail

12/06/2017 - I-485 Approved

12/14/2017 - Green Card Received in mail - No Interview

 

   

brickleberry GIF they see me rolling college football GIF by ESPN  

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Filed: Country: Guyana
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I'm really afraid that they can deport and deny our application.

 

Yes that's exactly right. I know the process is long and it will be hard and draining. I am so scared that they will deny his waiver application. 

 

Edited by Pray&Hope
Unanswered.
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Waiver for what? 

Can't file a petition until after legally married.. need the marriage certificate for the i130.

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Country: Guyana
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I know. I was asking to be sure that I would still be able to file the petition being the new trump administration

 

The 601 waiver for inadmissibility.

 

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You can't file the I-130 for an immediately relative of a spouse until you are actually married. They will (eventually) reject it even with a waiver if you did not qualify for it at the time you filled it out. Filing the form and claiming that they are your spouse already would be misrepresentation. You need to wait until after you are married to actually file it. You can fill it out now, but not send it yet. As noted above, you will need the marriage certificate anyway.

 

20 minutes ago, Pray&Hope said:

I'm really afraid that they can deport and deny our application.

Well, that is true. Assuming he has no legal status right now (why else would you need a waiver), then he is deportable at least until you are married and file for AOS. Once married, then the issue is a question of whether or not your spouse qualifies to file for AOS. If he overstayed or worked illegally, then that is ignored for AOS purposes and he's fine. Just file AOS and he will get legal status.

 

If he entered the US illegally or something else, then filing for AOS does not grant any legal status as he is ineligible to file for it in the first place. I'm guessing this is the circumstance given that you are looking at a 601/601A waiver. Sadly, he would remain deportable until the waiver is obtained and AOS is legitimately filed. That said, usually removal proceedings take a good amount of time if you choose to fight it, so that's something for you and an experienced attorney to discuss.

 

Edit:

Just now, Pray&Hope said:

The 601 waiver for inadmissibility.

Inadmissibility for what exactly?

Edited by geowrian

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: Guyana
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3 minutes ago, geowrian said:

You can't file the I-130 for an immediately relative of a spouse until you are actually married. They will (eventually) reject it even with a waiver if you did not qualify for it at the time you filled it out. Filing the form and claiming that they are your spouse already would be misrepresentation. You need to wait until after you are married to actually file it. You can fill it out now, but not send it yet. As noted above, you will need the marriage certificate anyway.

 

Well, that is true. Assuming he has no legal status right now (why else would you need a waiver), then he is deportable at least until you are married and file for AOS. Once married, then the issue is a question of whether or not your spouse qualifies to file for AOS. If he overstayed or worked illegally, then that is ignored for AOS purposes and he's fine. Just file AOS and he will get legal status.

 

If he entered the US illegally or something else, then filing for AOS does not grant any legal status as he is ineligible to file for it in the first place. I'm guessing this is the circumstance given that you are looking at a 601/601A waiver. Sadly, he would remain deportable until the waiver is obtained and AOS is legitimately filed. That said, usually removal proceedings take a good amount of time if you choose to fight it, so that's something for you and an experienced attorney to discuss.

 

Edit:

Inadmissibility for what exactly?

I'm thinking forward. We're getting married on Monday. We've been together 11 yrs. 

Inadmissible because he came without inspection. He was in removal proceedings that was administratively closed. 

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1 minute ago, Pray&Hope said:

I'm thinking forward. We're getting married on Monday. We've been together 11 yrs. 

Inadmissible because he came without inspection. He was in removal proceedings that was administratively closed. 

Alright, thanks for the clarification.

 

Yes, a waiver will be needed. Given that he was in removal proceedings in the past, that may complicate things a little (I've seen another user fairly recently where this came back up during a waiver despite it being administratively closed). An experienced immigration attorney that deals with waivers should be able to provide a better idea of timelines and chances of success. Best of luck to you and your fiance.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: Country: Guyana
Timeline
5 minutes ago, geowrian said:

Alright, thanks for the clarification.

 

Yes, a waiver will be needed. Given that he was in removal proceedings in the past, that may complicate things a little (I've seen another user fairly recently where this came back up during a waiver despite it being administratively closed). An experienced immigration attorney that deals with waivers should be able to provide a better idea of timelines and chances of success. Best of luck to you and your fiance.

Thank you ❤

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Filed: Country: Guyana
Timeline
44 minutes ago, Ben&Zian said:

Don't know why it wouldn't be a good idea.. not much else can do.

 

With the 601 waiver I assume he has either a ban on him now? Or he entered illegally/undocumented and you are trying to get a waiver to let him adjust through you.

I'm just really scared. Especially with this new trump administration. Im worried if they will slow things down or be the reason it gets denied .

 

He came here with inspection at 17 yes old. I'm a USC and his father is a green card holder who will be applying for his citizenship. 

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1 hour ago, Pray&Hope said:

I'm thinking forward. We're getting married on Monday. We've been together 11 yrs. 

Inadmissible because he came without inspection. He was in removal proceedings that was administratively closed. 

 

1 hour ago, Pray&Hope said:

I'm just really scared. Especially with this new trump administration. Im worried if they will slow things down or be the reason it gets denied .

He came here with inspection at 17 yes old. I'm a USC and his father is a green card holder who will be applying for his citizenship. 

Which one is it? 

USCIS

January 16, 2015 I-130 Mailed, Chi lockbox January 20, 2015 Priority Date, January 21, 2015 NOA1 notice date, Assigned VSC, January 23, 2015 Check Cashed, electronically March 5, 2015 NOA2

NVC

March 27, 2015 NVC received April 6, 2015 Case#, IIN# assigned April 8, 2015 Paid AOS + IV fee Invoices May 5, 2015 AOS + IV package submitted May 11, 2015 Scan Date

June 11, 2015 DS-260 submitted June 25, 2015 False checklist (for ds260).. hello? June 30, 2015 Answered checklist Aug 5, 2015 Escalated to Supervisor review Aug 13, 2015 Case Complete

Consular

Sept 10, 2015 Interview Scheduled Sept 11, 2015 P4 Letter received Sept 21, 2015 file In transit from NVC Sept 23, 2015 file at Embassy

Sept 28, 2015 Medical Oct 14, 2015 Biometrics Oct 15, 2015 Interview (Approved) Oct 19, 2015 IV visa Issued Oct 23, 2015 Passport Pickup

POE

Nov 2, 2015 Entered the US Nov 16, 2015 Applied for SSN, walk-in Nov 20, 2015 Social Security Card recd Jan 15, 2016 GC received

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Filed: Lift. Cond. (apr) Country: China
Timeline

Moved from What Visa Do I Need - Family Based Immigration to Waivers forum.

Our journey:

Spoiler

September 2007: Met online via social networking site (MySpace); began exchanging messages.
March 26, 2009: We become a couple!
September 10, 2009: Arrived for first meeting in-person!
June 17, 2010: Arrived for second in-person meeting and start of travel together to other areas of China!
June 21, 2010: Engaged!!!
September 1, 2010: Switched course from K1 to CR-1
December 8, 2010: Wedding date set; it will be on February 18, 2011!
February 9, 2011: Depart for China
February 11, 2011: Registered for marriage in Wuhan, officially married!!!
February 18, 2011: Wedding ceremony in Shiyan!!!
April 22, 2011: Mailed I-130 to Chicago
April 28, 2011: Received NOA1 via text/email, file routed to CSC (priority date April 25th)
April 29, 2011: Updated
May 3, 2011: Received NOA1 hardcopy in mail
July 26, 2011: Received NOA2 via text/email!!!
July 30, 2011: Received NOA2 hardcopy in mail
August 8, 2011: NVC received file
September 1, 2011: NVC case number assigned
September 2, 2011: AOS invoice received, OPTIN email for EP sent
September 7, 2011: Paid AOS bill (payment portal showed PAID on September 9, 2011)
September 8, 2011: OPTIN email accepted, GZO number assigned
September 10, 2011: Emailed AOS package
September 12, 2011: IV bill invoiced
September 13, 2011: Paid IV bill (payment portal showed PAID on September 14, 2011)
September 14, 2011: Emailed IV package
October 3, 2011: Emailed checklist response (checklist generated due to typo on Form DS-230)
October 6, 2011: Case complete at NVC
November 10, 2011: Interview - APPROVED!!!
December 7, 2011: POE - Sea-Tac Airport

September 17, 2013: Mailed I-751 to CSC

September 23, 2013: Received NOA1 in mail (receipt date September 19th)

October 16, 2013: Biometrics Appointment

January 28, 2014: Production of new Green Card ordered

February 3, 2014: New Green Card received; done with USCIS until fall of 2023*

December 18, 2023:  Filed I-90 to renew Green Card

December 21, 2023:  Production of new Green Card ordered - will be seeing USCIS again every 10 years for renewal

 

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Filed: Country: Guyana
Timeline
3 minutes ago, Jawaree said:

OP speak to a waiver atty the day after marriage....good luck

Thank you. Do you know the usual wait time for the decision on the 130 petition. I have an appointment with an attorney for the 2nd of March. Just trying to prepare for the rollercoaster  of emotions soon to come. 

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