you apply for the waiver here, if the waiver is approved, you will have to go back home for the consular interview. You and your fiancee should consult with an experienced immigration attorney as this issue is complex and you need to truly understand the whole process
This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.
For the new Provisional Waiver, you first need to have get married, and have your spouse petition for you. Once you have your petition approved, you will then may be eligible to apply for this waiver while in the United States. After you obtain a decision, and provided the waiver is granted, you will then be required to attend the interview at the embassy in your home country. Please note that this provisional waiver is for unlawful presence only and not any other inadmissibility issue, such as a criminal conviction. It is best that you hire an experienced immigration lawyer to assist you with the process.
Contact immigration attorney Gintare Grigaite, Esq. at 201-471-7989, located in New York and New Jersey. Contact immigration attorney Gintare Grigaite, Esq. for a free consultation about new Immigration Reform policies. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
You will still have to go home to get the visa. On March 4, USCIS started a new provisional waiver rule. People who entered without inspection and have been unlawfully generally have to apply for a waiver if they want to get their permanent residence. In the past, you couldn't apply for this waiver until you had already left the country and had your interview at the consulate, which meant you'd have to spend several months in your country waiting for the response. The new rule allows you to apply for the waiver before you leave. You still have to leave, but the idea is that if they approve your waiver, you shouldn't have to spend too much time outside of the U.S.
For more information, you can read my Legal Guide on the new provisional waiver rule.
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.
The application was and is filed in the U.S. You will still have to leave the US to get a visa. You may file a waiver before you leave the US.
The above is intended only as general information, and does not constitute legal advice. You must speak with an attorney to discuss your individual case.
Under the new provisional waiver program, you do not have to leave the country for as long in most cases. And you have an initial decision before you go. For more info on I-601 and provisional waivers, visit: www.swagatusa.com/educational-materials
Dhenu Savla, Esq.
This answer does not create an attorney-client relationship and is not meant to be relied upon as legal advice.