My husband was removed from the country in the fall of 2011. We got married six months ago and just submitted our i-130. We were told that after the approval of the i-130, he would have an interview at the consulate and would be automatically denied. Is it accurate that we have to wait for that denial or can we start the i-601 process now?
At his interview, they will give him a blue notice stating the reasons why he is inadmissible. You need to include that blue notice with the waiver application. Note that, because he was removed he will also need an I-212 as well as the I-601 for unlawful presence. You might want to consult with an attorney regarding his history to determine if there are other grounds of inadmissibility you'll need to respond to.
Since your husband is outside the US, he must submit the I-601 after a finding of inadmissibility has been made by the Consul due to previous unlawful presence. Note that if your husband was removed only one time, he will also have to file an I-212, Application for Admission after Deportation or Removal. If he had more than one prior removal he may not be eligible.
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