Filing 130 & 601 waiver

[Pray&Hope 0]

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.

[Ben&Zian 4,398]

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.

[Pray&Hope 0]

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 February 17, 2017 by Pray&Hope
Unanswered.

[KierenHby 899]

Waiver for what? 

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

[Pray&Hope 0]

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.

 

[geowrian 22,337]

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 February 17, 2017 by geowrian

[Pray&Hope 0]

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. 

[geowrian 22,337]

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.

[Pray&Hope 0]

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 ❤

[Pray&Hope 0]

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. 

[KierenHby 899]

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? 

[Pray&Hope 0]

50 minutes ago, KierenHby said:

 

Which one is it? 

Without* 

[Ryan H 3,812]

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

[Jawaree 718]

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

[Pray&Hope 0]

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.