Question About the I-601 Process

[ManamiDogFan 0]

I find it suspicious because my lawyer seemed ok about my US citizen husband moves to another country. What’s your opinion about that? I over stayed in the US. Also I’m suspicious about why I need to go to the interview in order to get a permission from the US embassy to file the waiver. So basically I need to go twice. 

[geowrian 22,335]

You don't need to go to the embassy to file a waiver. The waiver is filed in the US. You just can't file the waiver until determined inadmissible after the interview. You should get a slip stating if you are eligible for the waiver then the waiver would be filed.

You may need a second interview after approval of the waiver, though. And almost certainly a new medical due to expiration of the old one, given current I-601 processing timelines.

 

I'm a bit skeptical that the petitioner moving abroad won't impact the I-601. The I-601 requires showing "extreme hardship" in not being able to immigrate to the US with the petitioner. If living abroad in the same country with the beneficiary, then this argument seems more difficult to demonstrate.

Edited October 16, 2018 by geowrian

[ManamiDogFan 0]

14 minutes ago, geowrian said:

You don't need to go to the embassy to file a waiver. The waiver is filed in the US. You just can't file the waiver until determined inadmissible after the interview. You should get a slip stating if you are eligible for the waiver then the waiver would be filed.

You may need a second interview after approval of the waiver, though. And almost certainly a new medical due to expiration of the old one, given current I-601 processing timelines.

 

I'm a bit skeptical that the petitioner moving abroad won't impact the I-601. The I-601 requires showing "extreme hardship" in not being able to immigrate to the US with the petitioner. If living abroad in the same country with the beneficiary, then this argument seems more difficult to demonstrate.

I was thinking of moving to the UK temporarily but I decided not to because my lawyer said it’s English speaking country and would be easier to get a job there than Japan where I’m at right now. He said it would weaken our case. So I decided to stay in Japan. He said The whole point of hardship is to argue about difficult to get a job where I reside etc. 

I’m waiting to get the letter for the interview right now for the 1st interview. How many months would it take for the rest of the process in your opinion?

Edited October 16, 2018 by ManamiDogFan

[geowrian 22,335]

17 minutes ago, ManamiDogFan said:

I’m waiting to get the letter for the interview right now for the 1st interview. How many months would it take for the rest of the process in your opinion?

If the interview goes well and there is not any sort of extended AP afterwards to determine eligibility of the visa, usually you'll get notice pretty quickly (days/weeks) about the inadmissibility. I have heard of some people getting them at the end of the interview even.

An I-601 has a current processing time of a year or so.

[ManamiDogFan 0]

On 10/16/2018 at 1:41 PM, geowrian said:

If the interview goes well and there is not any sort of extended AP afterwards to determine eligibility of the visa, usually you'll get notice pretty quickly (days/weeks) about the inadmissibility. I have heard of some people getting them at the end of the interview even.

An I-601 has a current processing time of a year or so.

Would it weaken our case if I temporarily move to Germany from Japan or somewhere in Europe? If I move temporarily, can I still move back to my home country until the approval?