On the instructions, it says that "you must be the beneficiary of an approved petition..." Does that mean that you already need to have an I-130 on file or can an I-130 be petitioned now? Does anyone know if this waiver has an expiration date or will it always be valid?
You must have an approved petition in order to be able to apply.
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Yes. The waiver is part of the overall visa process. It is filed after the I-130 is approved, the file is then transferred to the NVC, you pay the visa fee to the NVC, then you notify NVC you are doing the provisional waiver, then you file the waiver. NVC will hold the visa process while you apply for the waiver. It is a bit complicated. You might benefit from the assistance of an attorney.
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You need to have an approved I-130. If you do not, then you can still file for it now. No, the provisional waiver has no expiration date, so it is best that you file for I-130 right away if you have not done that yet. Contact immigration lawyer for assistance with the process.
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