I601 before interview?

[Marthaeu 39]

Question from a friend: Can you request an I601 forgiveness from your country of origin without having had an interview, only I130 is approved, but do you know that when you leave the USA, active punishment for overstaying?  Or should you expect the consul to declare you inadmissible in the interview?

[Boiler 45,670]

Sounds like you mean the I 601A

[Marthaeu 39]

8 hours ago, Boiler said:

Sounds like you mean the I 601A

No .. I601

[Boiler 45,670]

I 601 is filed after Consulate Interview.

[Marthaeu 39]

2 hours ago, Boiler said:

I 601 is filed after Consulate Interview.

This is fine, however I have heard cases that once the I130 is approved, they fill out the I601 and when they go to the interview they have already approved it.

[Boiler 45,670]

11 minutes ago, Marthaeu said:

This is fine, however I have heard cases that once the I130 is approved, they fill out the I601 and when they go to the interview they have already approved it.

Not how it works. so you file for a spouse with issues, lets say a criminal history, seen a few of those and some you think bound to need a waiver, others are less than clear, probably the majority.

 

So the CO reviews the case decides if the case is otherwise approvable and assuming there is a waiver possible, not everything is waiverable, then gives the opportunity to apply.

 

An I 130 is just proof of relationship, does not cover any waiverable issues.

 

 

[Marthaeu 39]

1 hour ago, Boiler said:

Not how it works. so you file for a spouse with issues, lets say a criminal history, seen a few of those and some you think bound to need a waiver, others are less than clear, probably the majority.

 

So the CO reviews the case decides if the case is otherwise approvable and assuming there is a waiver possible, not everything is waiverable, then gives the opportunity to apply.

 

An I 130 is just proof of relationship, does not cover any waiverable issues.

 

 

I understand .  According to my friend, she stayed on a tourist visa for 3 years and then returned to her country on her own account and finally married a citizen.  So, to avoid the 10-year punishment, somebody  told her that she can start the I601 form before the interview.

[Boiler 45,670]

Perhaps she should ask that person how it is done?