Does anybody knows how I-601 work?

A

ania_s

Registered Users (C)
I post a thread before about my case. Short: I have my I-485 pending, I overstayed more than 6 months on B2 before marriage. Can I-601 be used as a waiver in my case? Does it work for people who overstayed here for more than 180 days and might be considered as an inadmissible?
And if yes, can filing AP and I-601 might have any (negative) consequences?
 
If you are married to a USC and you are still in the country and you never entered w/o inspection you shouldn't need the waiver. Just don't leave the US (if you are still here) until you get your greencard. As far a AP don't apply for it. Either you will be denied and they keep your money or You will be approved and if you try to use it you may(most likly) be rejected at the border(subject to the 10 year ban)
 
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Thanks mephipps, I will read it after work and let you know.
By the way- congratulations for you interview date!!! ;)
 
Thank you, I'm nervous about the interview. I guess everyone is. :rolleyes:

Do you know which District Office is yours, you might not have to wait very much longer for your interview. Some offices process faster then others.

I read your other post and I hope your mother is feeling better.
 
I think I have about a year of waiting. I had to send everything to Chicago, IL. So one more year and maybe I will be able to finally visit my family. Tomorrow I have to tell my mom-she still doesn't know that I won't be able to come this summer.
Don't be nervous about interview- you will go through this easily! :)
 
Just because you sent your papers to chicago doesn't mean that's your district office. Your DO is based on where you live. And how fast you are processed has alot to do with what district office you're at. Some are very long like New York, some are short like Baltimore.
 
ania_s said:
I post a thread before about my case. Short: I have my I-485 pending, I overstayed more than 6 months on B2 before marriage. Can I-601 be used as a waiver in my case? Does it work for people who overstayed here for more than 180 days and might be considered as an inadmissible?
And if yes, can filing AP and I-601 might have any (negative) consequences?
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Just want to know.
How did they accept your 485 application when u overstayed. Isn't out of status?
 
Once you are married to USC and as long as you have entered in United State legally, your overstayed is forgiven.
 
newimmi said:
Just want to know.
How did they accept your 485 application when u overstayed. Isn't out of status?
Click to expand...

Hi,

For people who have overstayed or entered illegally or any such case, there is a addition to form 485. You fill that out and pay an additional 1000 dollars and everything is forgotten and forgiven.
But you cannot leave the country on Advance Parole. If you do that, INS will not let you enter back.

So wait till your 485 is approved, get the stamp on passport or the actual card and then you are a free person.

http://uscis.gov/graphics/formsfee/forms/files/i-485supa.pdf

you have to fill the above form.

Good luck
 
If you are a spouse of a USC and you overstayed then you can AOS without this form. If you entered without inspection then you need to check the dates on that form to see if you can use it to AOS.
 
yes, you do not need to fill any additional form if you are married to US citizen :) By the way- my District Office is in Norfolk, VA (they are currently processing application from March 2004....uhhh). But that's fine, one more year and I can travel as much as I want ;)
 
Thanks Guys.
Does someone who overstayed, can marry a Perm Resident and adjust the Status? Or only if they marry USC
 
newimmi said:
Thanks Guys.
Does someone who overstayed, can marry a Perm Resident and adjust the Status? Or only if they marry USC
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The law does not stop you from marrying anyone. However, if you marry a USC, you can file AOS without delay.

But if you marry to a PR, you need to file I-130 first and then wait (in average 5 years and more) for approval and visa number to be available before you can file I-485 in US. Even, then I have not seen any case (at least not from any forum) of a successful AOS with overstayed status via marriage to PR. I don't know if the immigrant officer will deny you because your husband is not USC or not.

Having said that, during the wait of your I-130 approval, your PR spouse can apply to be USC and then change your AOS catergory to AOS via marriage to USC. This is quite common. We are doing the same thing for my wife. I have read many other cases like mine as well.

So, if you plan to marry just marry the one your love but not the status (PR vs USC).
 
There is a big difference in the process for spouses of PR and USC. The spouse of a USC can file the adjustment of status immediately, but the spouse of a PR needs to wait for a visa number. So the out of status spouse of the PR would continue to be out of status while waiting for the visa number.

Much of the time the PR is eligible for citizenship before the visa number becomes current.
 
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