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Joey & NaYa

Must a Waiver applicant be the same to file I-130?

By Joey & NaYa in Waivers (I-601 and I-212) and Administrative Processes (221g)

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Joey & NaYa Explorer

Joey & NaYa   13

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Filed: IR-1/CR-1 Visa Country: Ghana
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Hi VJer's,

Please anyone with some insight can kindly share.

 

1. Is it possible for a spouse to file Waiver of Inadmissibility while your child files I-130?

2. Is it a MUST for the same person who files for the waiver to be the one filing I-130?

 

I have always thought the same person does both but I just heard from a source that a spouse (Citizen/LPR) can apply for the Waiver then a US Citizen child can file the I-130 (i-485 inclusive) using the approved Waiver application.

I am curious what folks think/know about this.

Thanks!

Penguin_ie Grand Master

Penguin_ie   5,994

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Filed: Citizen (apr) Country: Ireland
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Posted

It is technically possible, but why would you want to do that?

Bye: Penguin

Me: Irish/ Swiss citizen, and now naturalised US citizen. Husband: USC; twin babies born Feb 08 in Ireland and a daughter in Feb 2010 in Arkansas who are all joint Irish/ USC. Did DCF (IR1) in 6 weeks via the Dublin, Ireland embassy and now living in Arkansas.

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Joey & NaYa Explorer

Joey & NaYa   13

Posted
Filed: IR-1/CR-1 Visa Country: Ghana
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14 hours ago, Penguin_ie said:

It is technically possible, but why would you want to do that?

Spouse is a LPR and beneficiary is in the USA already. As you know, AoS is only possible as an immediate relative of a US Citizen.

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

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