Once the national visa center receives the appropriate documents and completes processing of your case, they will transfer the case the United States embassy in the country of the foreign national. At this point, an interview at that embassy will be set. There usually is quite a long waiting period involved. The interview at the embassy usually takes place one year after the marriage petition has been filed.
If the foreign national travels back to their country to appear for the interview, they will immediately be barred from entering the US for 10 years, if they have overstayed for more than one year. Consequently, the consulate will deny their visa, which is a prerequisite for becoming eligible for an I-601 waiver.
The waiver application cannot be submitted before the Immigrant visa has been denied.
That I-601 hardship waiver is based on the hardship to the United States citizen spouse. You must prove that the US citizen spouse will face extreme hardship which depends on several factors (please see our I-601 hardship waiver articles at www.ranchodlaw.com for these specific factors). Simply stating that you miss your spouse greatly or will be lonely are not good enough reasons for a hardship waiver.
This is one of the best ways for those who have entered without a visa (EWI), who are married to a US citizen, to obtain a green. They have to leave the country, go through the waiver process and re-enter the United States with an immigrant visa. However, if a relative or employer previously filed a petition on your behalf you may be eligible for 245i.
Applying for an I-601 Hardship Waiver can be a very time consuming and confusing process.
Please contact the Ranchod Law Group with offices in San Francisco, Santa Clara, and Sacramento, serving clients nationwide. You can call us at 800-753-1399 if you have questions regarding the I-601 hardship waiver.
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