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My wife entered on a K1 but did not marry the petitioner

San Diego, CA |

instead she married me. She was placed into immigration court and received a removal order. We appealed to BIA. Can we file a 601 waiver now on the presumption the bia will deny the case and than the 601 will at least be in process? I know we will need a 212 as well. I also know we will need an attorney but just trying to figure out if/when this will work?

Attorney Answers 3


yes, you shoudl work with a local attorney and I wil repost this under IMM law to make it easier for anyone to help you.

Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.

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She can only obtain permaennt residency by consular processing so file an I-130 for her. If she has overstayed, then when she leaves she will need a waiver of the 3/10 year bar. If not an overstay yet, then arrange with opposing counsel for her to leave the U.S. before she does.

Lynne R. Feldman, Attorney at Law
Concentrating in Immigration and Nationality Law
2221 Camino Del Rio South, Suite 201
San Diego, CA 92108
phone: (619) 299-9600, facsimile: (619) 923-3277

Formerly Adjunct Professor -- Immigration law
University of Illinois College of Law

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You really need to retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through

J Charles Ferrari Eng & Nishimura 213.622.2255 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.

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