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My husband's i-130 was approved, but he is here illegally. Do i need to file the i-601 before my immigration visa interview?

Houston, TX |

I am a US Citizen . My husband has been here for about 3 years never left the USA after his arrival . No Criminal Records . Nothing . Would I need to file the i - 601a before we go to the immigration visa interview . Case has been sent to National Visa Center . It states we should wait about 30 days min . concerning further visa processing steps . Should I just file the i - 601 ? ?

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Attorney answers 6


Look at the instructions on USCIS's website for the new I-601A provisional waiver. You'll need to wait until the NVC sends you a fee bill, pay it, and include the fee receipt with the I-601A application. I'd strongly recommend consulting with a lawyer to help you with the waiver application, as it's difficult work.

The information offered is general in nature and not meant to be relied upon as legal advice. No client-attorney relationship is created through this information. Please consult an attorney prior to making legal decisions.


You must also notify the NVC about the beneficiary's (husband) intent to apply for 601A, rather than the traditional 601. Look at the USCIS instructions. It would be smart to consult with an attorney as this is not a simple process.


I agree we will need to know how he came to the United States, with a visa, without a visa? I recommend contacting a qualified immigration attorney to assist you with your case.



Without visa or inspection

Elisheva G Mosko

Elisheva G Mosko


Then I agree with the earlier posts that it may be worth exploring the new provisional waiver process. Contact a qualified immigration attorney to work with you.


I agree with my colleagues' assessments. I would also add that you need to consider the merits of any waiver filing. What I mean is that there is always a question as to whether "extreme hardship" can be demonstrated and whether it is wise to file the waiver right now. For example, someone who has been married for 3 months legally could theoretically file the I-130 and could qualify for the stateside provisional waiver program. However, it may be difficult to demonstrate 'extreme hardship" because of the individual situations. I could consult an immigration attorney to assess the merits of your waiver as well as for the reasons outlined by my colleagues


I agree with my colleagues. You should provide us with the facts surrounding his entry into the United States. Depending on the facts of your case he may be able to apply within the US or he may have to leave the country (unless you are granted an I-601a waiver) to obtain his immigrant visa.

The Law Office of Andrew Chung, PLLC. (832) 409 0117. . The statement above is general in nature and does not constitute legal advice, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship. Answers on Avvo can only be general ones, as specific answers would require knowledge of all the facts. As such, they may or may not apply to the question.


Yes you will need to file the I-601 waiver form before the visa interview. Your husband should file the I-601 in the United States. Your husband should wait for the provisional approval before going for the interview. The new regulation effective March 4, 2013 allow certain immediate relative to file the I-601 in the United States. You should consult with a competent Immigration Attorney, because there are specific requirements for the new I-601 waiver.

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