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  • I601 waiver questions

    I am US Citizen husband spouse assisting my wife, who is from Russia in submitting the Waiver for Ground of Excludability (I601). We have been married for three years and resided in the US the entire time. My wife has been in the US for four years and has not returned to Russia since leaving four years ago.

    We are very grateful for the guidance we have already obtained from this site. We have some additional questions and would also be very thankful for advice from anyone who may assist.

    We both have written very detailed cover letters to substantiate the extreme hardship if my wife is required to leave the country due to the 2-10 year bar, to our marriage, my extreme hardship to adjust to new country and new customs, medical hardships, hardship because of lack of employment that would result. We have also explained the reason for my wife's overstay of her Visa and our desire to be compliant with immigration law and requirements.

    To support our request we have obtained a letters of reference and support from my mother and other family members, from our church ministers, personal friends, neighbors, my current employer, and assisted living centers where we do volunteer work. The letters from employer and assisted living centers are on official letterhead. All letters are signed by the makers with address and phone numbers included. However, we did not ask the makers to have the letters notarized. We are wondering if we should go back and request the makers of the letters to have their signatures notarized. At this point it would be difficult and take more time but probably not impossible. Do you think it is necessary to do so? Please advise. I also have to be treated for hypothyroidism and hypertension with prescription medication and require frequent monitoring appointments with my family physician. I have an official statement to that effect from him plus copies of my medical records from my last physical which was in January 2004. Will this be adequate factual evidence of my medical conditions and the treatment requirements?

    We have also enlisted the assistance of our district US Congressman's office in NC. We have met with them in person on two occasions. They have advised they will consult with the district Immigration field office once we submit the I601 and request favorable consideration. Do you think this will be helpful? How much influence do they have?

    Thanks to all who have provided details on I601 previously and we greatly appreciate your responses to our further questions.


  • #2
    Hi. From my understanding of waiver cases, it is all about the hardship letter... i.e. if you present the information well you have a better chance. The evidence is only supporting evidence (although it should do just that, support everything that you say in your letter...)

    For us, we only had a couple of notarized letters (the most important ones) but the rest were not notarized, and we were approved... so I don't think that is really necessary. All of those that are on offical letterhead should have no reason to be notarized (none of my doctors, psychologists, employers, professors, etc were notarized).

    As for congressmen... well, the ones I contacted (as well as the people on the immigration side) indicated that there was nothing they could do to change the end result of the decision. Perhaps the only thing they are capable of doing is making inquiries to find out information, and/or if something has gone wrong. Or at least this is my understanding.

    You also might want to consider whether or not you think that their participation in your case would be a help or an annoyance to the person reviewing your case.


    • #3
      Also, have you looked into the possibility that she would be grandfathered in by 245i - if you really married 3 years ago, it might be a possibility.


      • #4
        You posted:
        "My wife has been in the US for four years and has not returned to Russia since leaving four years ago."

        If she never left the U.S. and you're a USC married to her why are you filing the wavers?! The 3/10 year ban only takes affect if she LEAVES the U.S. before obtaining her permanent residence. From my understanding if she never left the U.S. the overstay is pardoned by the BCIS.


        • #5
          Also, why is she "required" to leave the country? Did she enter the U.S. without visa/inspection and you want to go through consular processing? Is I-130 have been filed/approved?

          If I-130 filed in the U.S. then you'd have to file another form (I-824) to request consular processing. And that form takes about a year to get approved. In order to file I-130 in Russia's U.S. embassy you'd have to reside in the country.

          So, give more details.


          • #6
            Thanks all for the additional information.

            Just a few more details on my wife.

            She was sponsored a K1 Visa to another fiance(not me) and came to US in January 2000. She arrived to discover the fiance had an x-wife still in the picture as well as many other family issues never disclosed to her(including another girlfriend). The marriage as a result did not take place. She is a dentist by profession and stayed in the US as a volunteer dental assistant for a dentist.

            Just before she was about to return home to Russia, we met, and after a few months married.

            During the time from when we met to marriage, an immigration attorney advised she was eligible to adjust status under 245i, which is the provision under which we filed I130. The I130 was approved approximately one year later but the subsequent I485 for adjustment of status was denied by Charlotte, NC INS office. According to INS officer I talked with after denial of I485 and the subsequent legal advice we have pursued, the K1 classification was excluded from 245i. What's ironic is that we originally took the I130 petition in person to the Charlotte office, had them review all papers, including expired K1 Visa and they specifically stated that we should go forward with the I130 and 245i would apply since we met the April 30, 2001 deadline for filing.

            Our effort since then has been to research what other avenues are open without my wife returning to Russia to adjust status. This includes having the offices of two US senators and one US congressman investigate and advise on the track we should follow. All including the Immigration service have pointed us to the I601.

            So that is where we are. We are within a week of submitting the waiver.

            Again greatly appreciate replies from all and find comfort in the advice.

            Kindest Regards,

            Mike and Elena


            • #7
              Is it correct that the I601 is only filed if the alien family member is already living outside of the US?

              My wife has not left the country since we married 3 years ago(I am US citizen and she Russian). Our immigration issue is that she did not marry the original petitioner(see previous posts). Our I130 was approved but I485 denied. At that time we were told she would have to adjust outside the country and she would be subject to 3/10yr bar.

              We subsequently filed I601 and the exact reply from USCIS is "Can not file I601. Did not marry petitioner. Have to adjust outside US." I get the message but hoped we'd have other options.

              We spent weeks preparing the I601, included multiple letters of reference, medical records and other evidence of extreme hardship for both of us. From the looks of the documents sent back to us, it appears they were hardly looked at.

              What might we do next? Is there no avoidance of my wife leaving the US to seek adjustment of status?

              Thank you,


              • #8
                I can only guess here because I don't know the real facts.
                I guess your wife was enter on vise with the clause of marrying to USC within 90 days, she didnot marry within 90 day. Which revert her to get visa by false statement and not fulfilling requirement.
                If thats the case then you will not be asked for the waiver.
                You prepared for 601 I got that but I don't think you were asked to file a waiver.( waiver can only be filed if the 485 is approvable, your 485 is not approvable.
                You are asked to go for consular processing but I don't think if you go to consular processing ,you will be asked for waiver either.
                Yes 601 can be filed while in US but you are not eligible for Waiver.
                Talk to a good attorney, may clear your situation what to do.
                Its a discussion, not a legal advise..


                • #9
                  It sounds to me like your wife will have to leave the USA. Of course, this would not involve the I-485, but rather the DS-230. It is a royal pain in the butt, but she would return to the USA as a permanent resident.

                  The length of time that she will have to spend out of the country varies according to where she is filing. But since the I-130 is approved, etc. (and you can probably request the interview at the consulate from in the USA, and she wouldn't have to leave until then) hopefully, it will be less than a year... and some countries are approving in a matter of months.

                  There is another person with a similar situation that posts at


                  • #10
                    DS 230 is not applicable here either. violation should be under 212a6ci, willfully misrepresentation. What the people normally don't understand is, the clauses it has two parts, one part allowed waiver and other not. She fell under other partwhich didnot allow waiver.
                    Department of Justice Form 230 have more boundings then that. look and the Part F. thats what prohibits her to get VISA
                    Its a discussion, not a legal advise..


                    • #11
                      mohan - this is copied and pasted from - in accordance with the law that you suggested.


                      (C) Misrepresentation.-

                      (i) In general.-Any alien who, by fraud or willfully misrepresenting a material fact, seeks to procure (or has sought to procure or has procured) a visa, other documentation, or admission into the United States or other benefit provided under this Act is inadmissible.

                      (ii) 9/ FALSELY CLAIMING CITIZENSHIP-

                      (I) IN GENERAL- Any alien who falsely represents, or has falsely represented, himself or herself to be a citizen of the United States for any purpose or benefit under this Act (including section 274A) or any other Federal or State law is inadmissible.

                      (II) EXCEPTION- In the case of an alien making a representation described in subclause (I), if each natural parent of the alien (or, in the case of an adopted alien, each adoptive parent of the alien) is or was a citizen (whether by birth or naturalization), the alien permanently resided in the United States prior to attaining the age of 16, and the alien reasonably believed at the time of making such representation that he or she was a citizen, the alien shall not be considered to be inadmissible under any provision of this subsection based on such representation.

                      (iii) Waiver authorized.-For provision authorizing waiver of clause (i), see subsection (I).

                      subesction I:

                      (i)(1) The Attorney General may, in the discretion of the Attorney General, waive the application of clause (i) of subsection (a)(6)(C) in the case of an immigrant who is the spouse, son, or daughter of a United States citizen or of an alien lawfully admitted for permanent residence, if it is established to the satisfaction of the Attorney General that the refusal of admission to the United States of such immigrant alien would result in extreme hardship to the citizen or lawfully resident spouse or parent of such an alien 25b/ or, in the case of an alien granted classification under clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) or (iii) of section 204(a)(1)(B), the alien demonstrates extreme hardship to the alien or the alien's United States citizen, lawful permanent resident, or qualified alien parent or child.

                      As you can see - under this section of law a waiver is authorized! However, it does not apply specifically to fiance visas... in fact, my husband fell under this category and received a waiver, and is here in the USA today!


                      • #12
                        I know your husband is here and waiver was granted.He was expidite removal case, totally different then this.

                        Part C misrep.

                        Part i = willfully mis rep to obtain visa. = inadmisable
                        part ii = who claim citizenship falsly. ( UNDER PART I) = inadmisable.

                        NEXT: waiver authorized only for Part (i) and Its also discretion of AG based on hardship.

                        thats what I want to explain,but I messed up by other post which I answered ( Voted as Citizen, My mistake.)

                        Regarding this case, 485 is not approvable and if she leaves then bar will kick in. In consulate processing of I-485 will take years and then it will not be approved because two waivers requirements 212 as well as 601.
                        he really need good attorney to prove the case of intend to enter in marriage in good faith and victim of fraud. Still Ds 230 is not applicable
                        Its a discussion, not a legal advise..


                        • #13
                          hmmm perhaps I can learn something here. To the best of my knowledge, once the I-130 is approved a K3 visa is no longer applicable. I-485 is for adjustment of status. Thus, when applying for an immigrant visa from overseas one must file the DS-230.

                          Assuming this is accurate, file for DS-230, be denied, file waiver(s), receive approval (hopefully), re-apply for immigrant visa, enter country.

                          Entire processing time varies according to consulate, but could easily be 1 year from the date of interview for immigrant visa.

                          so you are saying the I-485 would be applicable as opposed to DS 230 - please explain why!!!!

                          (Also, yes claiming citizenship has no waiver, however, part i, misrepresentation is very vague and is applied to many things... and was applied to the case of my husband. Sorry, for taking time to contradict you, I did not realize you were responding to voting as illegal post - that is a very different situation.)


                          • #14
                            the whole process for K type related here for K1 you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, K1 will be issued atU.S. Embassy or consulate abroad.She got K1. The marriage must take place within 90 days of your fiancé(e) entering the United States. If the marriage does not take place within 90 days or your fiancé(e) marries someone other than you (the U.S. citizen filing USCIS Form I-129F - Petition for Alien Fiancé), your fiancé(e) will be required to leave the United States. Until the marriage takes place, your fiancé(e) is considered a nonimmigrant. A nonimmigrant is a foreign national seeking to temporarily enter the United States for a specific purpose. A fiancé(e) may not obtain an extension of the 90-day original nonimmigrant admission.

                            I have no Idea why you are asking or even discussing Kvisa option here. Once Petition is denied based on I130, K visa is not applicable. I-130 is the route to Immigration visa, K3 Or any K cat is nonimmigrant visa.
                            If the visa petition is pending, it was very rare of issuing Non immigrant visa to Aliens in the past. K cat was created to give benifit for Aliend who waited longer period for approval of petition so they can came here as nonimmigrant( a Little relax on their part for the wait). but once I-130 is approve and Flaged mis rep case above ,K cat is nowhere related here. 8 C.F.R 214.2.

                            Consular processing you file DS 230 (alien registration+ immigrantion Visa application)but she is already inadmissable + 10years barif she leave. Visa will be denied.
                            Best chances are to be here file for Waiver of inadmisiblity first Get approval while here, then start consular processing/transfer /waiver or 601 etc( one violation is better then two).
                            surely, not within one year if no waiver obtained prior to depart.
                            Its a discussion, not a legal advise..


                            • #15
                              when I filed the for the I-601 waiver of inadmissability we were first required to make an interview with the consulate, to apply for a visa (DS-230). At this interview we were denied and were then, and ONLY then, allowe to apply for the I-601.

                              Most people I have talked to have indicated similar experiences.

                              and I have surely never heard of a waiver being processed within the United States for a person that is required to leave the USA.

                              The reason I say one year (approx) from the interview date is very simple. DS 230 is filed. A person may have to wait several months for this appointment. At this appointment the person is denied and told to file the I-601. Most 1-601 processing times are about a year or less.

                              Once the I-601 is approved, the person is rapidly able to return to the USA, as the DS-230 is re-opened - in fact, not all of the documents must be provided, only enough documents to update the file.

                              Or at least this is the experience held by people with overstay, illegal entry, etc.

                              Why it is necessary to go to an interview, just to be denied, I have no idea - but it is a part of the bureaucratic immigration system.



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