601 or 212 or both.....???

[inneedofmyhb 217]

Hello,

 

I posted here over a year ago.  But will recap.  Bf (now husband) was deported (expedited upon arrival at LAX) April 2017, intent to migrate with Tourist Visa, received 5-yr ban.  I moved with my daughter to his country (Argentina) for 10 months, married while we were there.  I am now back in US since April of 2018, I am a USC.   We had to return because my job allowed me to telecommute for only a certain amount of time and my daughter was starting her senior year of High School (she completed JR year on line) and her father only agreed up to a year of her being out of the country.  We now have an attorney and have filed our I-130 this month.  I am VERY confused on the waiver process.  We already know that his Visa will be refused at his consular interview for inadmissibility.  As I read so many posts, I see so many different answers regarding the waivers that need to be filed.  We know he will need the 212 for sure.  However, I've seen that both 601 & 212 will need to be filed.  I've seen that since there was no overstay he will only need a 212.  I was under the impression that a 601 is only needed if there was an overstay, fraud/misrepresentation, etc. Thank you for the advice.  I sometimes avoid this website because of the sadness that comes over me not only because of my situation but what I see everyone going through.  I will not go against the decision they made in deporting my husband that day, nor do I disagree with the changes that immigration makes to make a bit tougher.  I only see it as helping those of us who have valid cases and so many who pay thousands of dollars to get our loved ones here with us.  Bless all your hearts...