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When to file 601 waiver

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  • When to file 601 waiver

    I am a US citizen who married my husband in 2005. He had overstayed a visitor visa since 2001. After our marriage we left the country and have been out of US for over a year now. We want to return and I will apply for his visa by sending in an I-130. My question is will I have to send in the 601 form at the same time because of his overstay? Or do I submit this later only if they request it?

  • #2
    I am a US citizen who married my husband in 2005. He had overstayed a visitor visa since 2001. After our marriage we left the country and have been out of US for over a year now. We want to return and I will apply for his visa by sending in an I-130. My question is will I have to send in the 601 form at the same time because of his overstay? Or do I submit this later only if they request it?

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    • #3
      The best is to call the consulate and ask them what's the procedure and how they want it done.
      Sending I-130 and approval of it has nothing to do with your husband's eligibility to immigrate to the US. That's determined during the interview. So, most people file a waiver immediately after the interview.

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      • #4
        you will be asked by the consulate to file waiver. first, consulate will check all the other paperworks to make you eligible for immigration visa/inadmissable, and only lacking will be your immigration violation. once its established then your visa will be denied and you will be asked to file waiver.
        its still far away unless you already got NOA.
        Its a discussion, not a legal advise..

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