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MarieSara

Did anyone not have to file the I601 Waiver?

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Hi Everyone, my husband overstayed in the USA for about 1 year and 2 months. He is currently back in Belgium and we filed the I130 in November. Is there a possibility that they won't ask for the waiver? The immigration lawyer we spoke to seemed not to be worried about the waiver and made it seem like it may not be necessary and/or required. Has anyone had this experience before? I'd love to hear everyone's thoughts.

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When did he overstay? He will have a 10-year ban but if he left more than 10 years ago and hasn't been back since the ban is "served". 


 

 

 

 

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The inadmissibility is dictated by law. Either it must be waived or served.


Timelines:

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

12/1/17: sent

12/14/17: 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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I don't know anything about the waiver that you mentioned, but I was told when I consulted with a lawyer about my own overstay (2 weeks overstay on the VWP) that being married to a US citizen acted as a waiver in and of itself - that an overstay is "excused" for immediate relatives of US citizens once the relative applies for immigration benefits. 

 

I'm not sure if this is correct at all, but that's what I've been advised.

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Posted (edited)
8 minutes ago, juineh said:

I don't know anything about the waiver that you mentioned, but I was told when I consulted with a lawyer about my own overstay (2 weeks overstay on the VWP) that being married to a US citizen acted as a waiver in and of itself - that an overstay is "excused" for immediate relatives of US citizens once the relative applies for immigration benefits. 

 

I'm not sure if this is correct at all, but that's what I've been advised.

An overstay of at least 1 day makes you permanent ineligible for the VWP, and any existing visa invalid.

An overstay less than 180 days has no ban associated with it.

 

An overstay of 180+ days has a 3 or 10 year bar associated with it (depending on how long the overstay was). This bar is assessed when you exit the country.

This is not a bar for adjusting status (how to get a green card within the US) as the immediate relative of a USC. The bar does still apply if you exit and apply for a new visa.

Edited by geowrian

Timelines:

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

12/1/17: sent

12/14/17: 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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Just now, geowrian said:

An overstay of at least 1 day makes you permanent ineligible for the VWP, and any existing visa invalid.

An overstay less than 180 days has no ban associated with it.

 

An overstay of 180+ days has a 3 or 10 year bar associated with it (depending on how long the overstay was). This bar is assessed when you exit the country.

This is not a bar for adjusting status within the US as the immediate relative of a USC. The bar does still apply if you exit and apply for a new visa.

Thank you for clarifying. 

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20 hours ago, juineh said:

I don't know anything about the waiver that you mentioned, but I was told when I consulted with a lawyer about my own overstay (2 weeks overstay on the VWP) that being married to a US citizen acted as a waiver in and of itself - that an overstay is "excused" for immediate relatives of US citizens once the relative applies for immigration benefits. 

 

I'm not sure if this is correct at all, but that's what I've been advised.

Absolutely not. That's only true if doing in-country AOS (ban was never triggered because leaving the US triggers it). Your case, as you overstayed less than 180 days, there is no ban for that anyway, only loss of VWP privileges.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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5 hours ago, MarieSara said:

Thank you everyone for your responses. I’m going to reach out to the lawyer and ask about the process more in depth because to me it seems it would require a waiver of Inadmissibility. 

Yes, you definitely need one unless it's been more than 10 years since he left. He incurred a 10-year ban, no question about it.


Entry on VWP to visit then-boyfriend 06/13/2011

Married 06/24/2011

Our first son was born 10/31/2012, our daughter was born 06/30/2014, our second son was born 06/20/2017

AOS Timeline

AOS package mailed 09/06/2011 (Chicago Lockbox)

AOS package signed for by R Mercado 09/07/2011

Priority date for I-485&I-130 09/08/2011

Biometrics done 10/03/2011

Interview letter received 11/18/2011

INTERVIEW DATE!!!! 12/20/2011

Approval e-mail 12/21/2011

Card production e-mail 12/27/2011

GREEN CARD ARRIVED 12/31/2011

Resident since 12/21/2011

ROC Timeline

ROC package mailed to VSC 11/22/2013

NOA1 date 11/26/2013

Biometrics date 12/26/2013

Transfer notice to CSC 03/14/2014

Change of address 03/27/2014

Card production ordered 04/30/2014

10-YEAR GREEN CARD ARRIVED 05/06/2014

N-400 Timeline

N-400 package mailed 09/30/2014

N-400 package delivered 10/01/2014

NOA1 date 10/20/2014

Biometrics date 11/14/2014

Early walk-in biometrics 11/12/2014

In-line for interview 11/23/2014

Interview letter 03/18/2015

Interview date 04/17/2015 ("Decision cannot yet be made.")

In-line for oath scheduling 05/04/2015

Oath ceremony letter dated 05/11/2015

Oath ceremony 06/02/2015

I am a United States citizen!

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