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Do I need to file I-601 Waiver for 3/10 yr bars for Overstay

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  • Do I need to file I-601 Waiver for 3/10 yr bars for Overstay

    I got married to my wife while she was on a visit visa here in US in 1998. I filed I-130 for her (proirity date: August 1998). She overstayed her admission period and left US after adjusting her status to the new V non-immigrant status here in US. Subsequently she also obtained the V visa from US consulate abroad. She has travelled back and re-enter US 2 to 3 times since then. I will be taking my US citizenship oath on 11th of June and would like to apply for her adjustment of status to LPR.
    1. Do I need to apply for a waiver (I-601) (for my spouse) for the 10 yr bar, as a US citizen spouse? or I just file form I 485 to adjust her status.

    Can anyone tell me?

  • #2
    I got married to my wife while she was on a visit visa here in US in 1998. I filed I-130 for her (proirity date: August 1998). She overstayed her admission period and left US after adjusting her status to the new V non-immigrant status here in US. Subsequently she also obtained the V visa from US consulate abroad. She has travelled back and re-enter US 2 to 3 times since then. I will be taking my US citizenship oath on 11th of June and would like to apply for her adjustment of status to LPR.
    1. Do I need to apply for a waiver (I-601) (for my spouse) for the 10 yr bar, as a US citizen spouse? or I just file form I 485 to adjust her status.

    Can anyone tell me?

    Comment


    • #3
      hi! did your wife get the V visa from the consular aboard without a problem. i too have been in the same boat as your wife but i have filed for adjustment of status I 485 in newark and i am waiting for the interview. i did not travel out of the country with a V status after coming to this country as a visitor and overstaying .
      i heard people say we will not be able to adjust status if we have traveled out of the country after being without status for more than 180 days.

      Comment

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