It actually requires the opposite. You do not qualify if DOS initially acted before January 3. 2013 to schedule your immigrant visa interview.
You should retain an experienced immigration lawyer to review all the facts, advise you, and handle the case. You can find one through http://www.ailalawyer.com.
J Charles Ferrari
Eng & Nishimura
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.
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Are you trying to show that you can apply for the provisional waiver prior to leaving the U.S. for the interview? Not the priority date. You need to look to the documents issued by the NVC. You need to be able to show the NVC notified you regarding the steps to conintue, including the affidavit of support fee and visa fee after January 2013. Otherwise, you will need to continue processing the normal way, which means to file the waiver application after the visa interview, and remain abroad while waiting for the result and a second visa interview. What gets filed when and where is a complicated procedure, and depends on very specific facts of each case. I urge you to get an experienced immigration attorney from the beginning. Don't wait until after they tell you the evidence on the waiver application isn't sufficient. The government takes the waiver applications very seriously. It is nothing like just another form to complete.
This reply is intended only as general information and does not constitute legal advice in any particular case. This reply does not create an attorney/client relationship.