I-485 is an I-601 required!!

[NCH754]

I would be happy if the well versed members or someone who is well informed with the I-601(waiver) could give me some advice.

My spouse has an interview for citizenship soon and I am presently out of status by 4-5 months. I suspect based on the time-line for the local DO for the N-400 I will be over 6 months mark before my spouse takes oath.

I already have an approved I-130 at the NVC. Do I have to file an I-601(waiver) with my I-485? Or Just file the I-485 with a copy of I-797 of the approved I-130, I-131, I-765?

Thanks

 

[TheRealCanadian]

My spouse has an interview for citizenship soon and I am presently out of status by 4-5 months. I suspect based on the time-line for the local DO for the N-400 I will be over 6 months mark before my spouse takes oath. I already have an approved I-130 at the NVC. Do I have to file an I-601(waiver) with my I-485? Or Just file the I-485 with a copy of I-797 of the approved I-130, I-131, I-765?

Merely being out of status does not make you inadmissible, so no waiver is required.