ASK FOR HELP ABOUT WHEN AND WHERE TO SUBMIT THE WAIVER i212 AND i601

[Jellyfish_Sylvia 0]

Hey everyone, I have a question that I can't seem to find the answer to, and I'd really appreciate any advice you can offer
Backstory: I was ordered removed at a port of entry (Chicago O'Hare) and told that I cannot enter the USA for five years unless I get a waiver, then we got married in my country.

Progress so far: I-130 was approved in January, our case is in NVC now
My questions:
1. Do my husband and I need to apply for *both* an I-212 and an I-601? When and where should we submit them (it)?
2.  Is an I-601A available to me, or do I have to wait until after I am denied in the visa interview to apply for a waiver? 

I'm really nervous about it because one of my friends was in the same situation, but her husband mailed the waiver and money to a department in the USA, but they ignored it, so she had to wait 5 years to enter. That made me very worried. 

[Boiler 45,658]

Well sounds like you are not in the US so I 601a is not relevant, why do you need a 601 waiver?

[Jellyfish_Sylvia 0]

12 minutes ago, Boiler said:

Well sounds like you are not in the US so I 601a is not relevant, why do you need a 601 waiver?

Thanks for your response.

I was removed because they said I had immigrant intent on a nonimmigrant visa, so I thought I might have to do an I-601 for "misrepresentation" 
Or does that not count as misrepresentation? 

[Boiler 45,658]

Not normally, something for  the CO to determine at the interview.

Edited February 7, 2021 by Boiler

[HRQX 4,145]

1 hour ago, Jellyfish_Sylvia said:

Is an I-601A available to me

No. You don't meet the following requirement: "Be physically present in the United States to file your application and provide biometrics." https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

[Jellyfish_Sylvia 0]

 

20 hours ago, Boiler said:

Not normally, something for  the CO to determine at the interview.

I am really appreciate for your answer, I will pay for the NVC fee and do the next steps

20 hours ago, HRQX said:

No. You don't meet the following requirement: "Be physically present in the United States to file your application and provide biometrics." https://www.uscis.gov/family/family-of-us-citizens/provisional-unlawful-presence-waivers

OK got it, thank you so much

[Boiler 45,658]

Unless you feel pretty certain you have to file a 601, in which case a 601/212 makes sense, I would go ahead and prep the 212.

Edited February 7, 2021 by Boiler