I was GC holder when I got to my husband in Dec 2001 who was on H1-b visa. We went to India to get married and was back in Jan 2002. I got my Citizenship in June 2003. I applied for AOS for him and had our Interview on Oct 30th 2003.
The Immigration office asked my husband to file I-601, Application for Waiver of Ground of Excludability and a strong statement from me mentioning the hardship that I will have to go through if they remove him from US.
The reason the Immigration officer gave us was that since my husband was on a H1-B and left the country to get married. And since he got married to a Resident, he was supposed to declare at the port of entry that he was married to a Permanent Resident, as he had become an intended PR.
He's was still on HI-B when he entered the US after marriage & his H1-B is a "dual intent" visa. Moreover nobody at the port of entry asked us if we were married & there was no provision for us to declare it anywhere. And since we did not do that, my husband needs file this form I-601, asking for a Waiver. The Officer said they will review the form & the statements and if they are convinced by the application they will grant him GC.
His H1-B is valid till July 2004. We are confused. We did not violate any laws at anytime. He has no criminal background. We still can't figure out why we are asked to fill this Form I-601 and for what reason.
Is there any one who can help. Please..!!!
The Immigration office asked my husband to file I-601, Application for Waiver of Ground of Excludability and a strong statement from me mentioning the hardship that I will have to go through if they remove him from US.
The reason the Immigration officer gave us was that since my husband was on a H1-B and left the country to get married. And since he got married to a Resident, he was supposed to declare at the port of entry that he was married to a Permanent Resident, as he had become an intended PR.
He's was still on HI-B when he entered the US after marriage & his H1-B is a "dual intent" visa. Moreover nobody at the port of entry asked us if we were married & there was no provision for us to declare it anywhere. And since we did not do that, my husband needs file this form I-601, asking for a Waiver. The Officer said they will review the form & the statements and if they are convinced by the application they will grant him GC.
His H1-B is valid till July 2004. We are confused. We did not violate any laws at anytime. He has no criminal background. We still can't figure out why we are asked to fill this Form I-601 and for what reason.
Is there any one who can help. Please..!!!
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